Moussazadeh v. Texas Department of Criminal Justice
On October 11, 2005, The Becket Fund joined forces with megafirm Latham & Watkins LLP to file suit against the Texas Department of Criminal Justice (“TDCJ”) on behalf inmate Max Moussazadeh, a Jewish prisoner who has been denied his request for a kosher diet. The lawsuit alleges that the TDCJ has impeded the religious exercise of Mr. Moussazadeh in violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the Texas Religious Freedom Act.
While the majority of state prison systems, including the Federal Bureau of Prisons, have adopted measures that allow inmates to fulfill their religious dietary obligations,Texas is among the few remaining states that don’t allow prisoners to keep kosher. This despite the evidence that providing religious accommodations reduces prison violence and the number of repeat offenders.
After the Becket Fund filed suit, TDCJ set up a “kosher kitchen” at the Stringfellow prison near Houston. However, TDCJ won’t allow independent rabbis to inspect the kitchen to determine whether it really is providing kosher food. That raises the question, “What does TDCJ have to hide?”
The case is currently pending before the Hon. Melinda Harmon in Houston federal district court.
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