United States District Court, D. Oregon
JEFFREY D. FORTER, Plaintiff,
STUART YOUNG, et al., Defendants.
A . Russo United States Magistrate Judge.
Jeffrey D. Forter (“plaintiff”) brings this civil
rights action pursuant to 42 U.S.C. § 1983. Currently
before the Court is plaintiff's Motion for Preliminary
Injunction (ECF No. 41). For the reasons set forth below,
this Court denies the motion.
alleges that he is a follower of Apostolic Christian Identity
and a “member in good standing with ‘The Restored
Assembly of Elohim' which was formerly the ‘Church
of Jesus Christ-Christian (CJCC).'” Pl.'s
Compl. at 3. Plaintiff alleges that Stuart Young, the
Assistant Administrator of Religious Services
(“Young”); Dennis Holmes, the Administrator of
Religious Services (“Holmes”); and Heidi Steward,
the Assistant Director of the Offender Management and
Rehabilitation Division (“Steward”) violated his
constitutional rights by failing to provide him a
“kosher type diet” that is “meat
inclusive.” Id. at 1-4.
in his first claim for relief, plaintiff alleges that
defendants violated the Establishment Clause of the First
Amendment by relying on “a classic Judeo-Christian
interpretation of the Bible's Book of 1 Timothy
4:1-4” as the basis for their denial of plaintiff's
religious diet request. Id. at 4-5. Second,
plaintiff alleges that defendants violated his First
Amendment right to the free exercise of religion by refusing
“to accommodate his request for a religious diet which
is a central tenet of his faith.” Id. at 5.
Third, plaintiff alleges that defendants' conduct set
forth in claims one and two violates the Religious Land Use
and Institutionalized Persons Act (RLUIPA). Id. at
5-6. Plaintiff seeks a declaratory judgment, money damages,
and an injunction “permanently enjoying [d]efendants
and their agents and employees from subjecting [p]laintiff to
the conduct of the type and degree alleged.”
Id. at 6.
allegations set forth in plaintiff's Complaint were the
subject of a 2016 prison grievance. On August 8, 2016, Young
denied plaintiff's informal request that meat be added to
the kosher diet program, explaining that “[t]he DOC
provides a Kosher Diet meal that meets daily nutritional
standards and there is a kosher meat item [in the] canteen
which is available to you for purchase to exercise your
religious belief.” Pl.'s Compl., Ex. A at 1.
August 16, 2016, plaintiff filed grievance TRCI-2016-08-113,
challenging that decision. Id. at 2. Young responded
to the grievance as follows:
The verse you quoted warns believers to avoid the
“liars” that tell them to abstain from certain
foods and from marriage. Paul is saying the food and marriage
are good and should not be avoided, he is not telling anyone
what food to eat; that's an individual choice. He is
simply telling them not to listen to religious
“hypocrites” who require abstinence from food and
There is nothing in these verses that tell you that you have
to eat meat or that you have to abstain from meat - these
verses emphasize your freedom to make your own choices and
the freedom to ignore religious “liars” who
command you not eat certain foods.
Id. at 3.
filed a grievance appeal reiterating that CJCC teaches that
vegetarianism is a pagan practice and requesting that
correction officials “make available the meat entrees
available from the ‘meal mart' vendor.”
Id., Ex. B at 1-3. Holmes denied the appeal.
Id. at 4. Plaintiff filed a second appeal that was
denied by Stewart as follows:
[T]he Department of Corrections does provide a Kosher Diet
meal that meets the daily nutritional standards, and if you
choose to consume meat as well, there is a kosher meat item