Prison Food: Montana Inmate Sues Women's Prison Over Non-Kosher Food

Seeks a Jury Trial, Punitive Damages and Kosher Foods for Jewish Inmates

Linda StCyr
In 2005, Shelley Tischler was sentenced to 20 years in prison for negligent homicide and criminal endangerment. Her name has been put back in the news recently after she decided to sue the Montana Department of Corrections; the Montana Women's Prison; the warden and two deputy wardens of the prison along with three others over a lack of kosher food in the prison.

Kosher food is food that conforms to Jewish regulations and Jewish dietary laws, some of which can be found in the book of Leviticus. Eating blood or fat is prohibited, food that is not slaughtered properly is considered non-kosher, and if food is cooked with utensils that have previously been used then it could be considered non-kosher. Tischler claims in her lawsuit that the Montana Women's Prison has, "knowingly, willfully and maliciously withheld basic religious accommodations."

According to The Billings Gazette, Shelley Tischler was able to purchase kosher foods occasionally but when she was moved to the Montana State Hospital she was denied her right to kosher foods with the reasoning, "this accommodation is not occurring at other DOC facilities." However, in Tischler's complaint she states that officials offered to prepare her food in a 'kosher manner' but that she did not find the offer acceptable.

Tischler has said that in addition to being denied her right to kosher food that she has also been the victim of slurs regarding her religion from prison officials and other inmates. She is seeking punitive damages, kosher foods for her and other Jewish inmates on Holy Days at the minimum and more frequently if wanted. She is also seeking to jury trial of her peers to fight for kosher food in the Montana Women's Prison.

Should Shelley Tischler and others of the Jewish faith who have committed a crime and are serving time be denied the foods that are a part of their religious upbringing? Is not having kosher food available what Tischler calls a violation to her right to religious freedom? And the last question that comes to mind is; Will this set a precedent for other prisons to make religious food an accommodation for prisoners?

Published by Linda StCyr

Linda St.Cyr has been a featured contributor for Associated Content from Yahoo!, she is the author of several short stories including the story "Leaving" published in the anthology collection, Elements of Ti...  View profile

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  • Steve2/16/2011

    Studies have shown that prisoners who find their faith or return to it in prison have only a 3% return or reoffence rate compared to a Nations Rate of 70% so yes I want them following their beliefs. Also under Federal laws the prison system is required to provide her with food that conforms to her religious beliefs. This issue has long been settled as to kosher food. If the State does not want to provide the food the remedy is for the state to give up ALL federal funding. (RLUIPA 42 USC 2000cc-1)

  • Michael Segers2/11/2011

    If they claim that religion has a place in rehabilitation, then it seems they should, but how many prison staffers are really concerned about rehabilitating their prisoners instead of just punishing them.

  • Charlotte Kuchinsky2/11/2011

    I don't know quite what to say. They should provide food that is appropriate to inmate's religious beliefs despite where they are (in prison). Humanity should never stop. But I'm sick of a sue happy world, especially by those with no value of the law in the first place. It's a tough one.

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