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South Dakota High Court Issues 3 Decisions On Inmate's Kosher Food Claim

By Howard M. Friedman

Last week, the South Dakota Supreme Court issued three separate opinions in the case of convicted murderer Charles Sisney who has been litigating extensively over the kind of kosher meals to which he is entitled while in prison. Sisney v. Best, Inc., (SD Sup. Ct., July 23, 2008), involved claims that the bread Sisney was served was not certified as kosher. The court dismissed Sisney's claims under federal civil rights statutes and the state's deceptive trade practices law. However the court permitted Sisney to proceed with his tort claim of deceit.

In Sisney v. State of South Dakota, (SD Sup. Ct., July 23, 2008), the court held that Sisney was not a third party beneficiary to a contract between the state and a food services supplier under which the supplier was to furnish prison meals-- including those to accommodate religious requirements-- which averaged 2500 to 2700 calories per day.

In Sisney v. Reich, (SD Sup. Ct., July 23, 2008), the court allowed Sisney to move ahead with his claim that he was a third-party beneficiary of a settlement agreement between the Department of Corrections and a former inmate. Under that agreement, DOC agreed to provide a kosher diet to all Jewish inmates who requested it, including prepackaged kosher meals for lunch and dinner. Sunday's Bismarck Tribune reported on the decisions. (See prior related posting.)

Full post as published by Religion Clause on July 28, 2008 (boomark / email).