ftmag
Skip to content

Non-Jew awarded damages for not being served kosher food in jail

YET another one for the “You Couldn’t Make it Up” archives …

Michael Fegans began a prison sentence in Arkansas in 1991 for aggravated robbery, second-degree battery, and attempted escape.

He entered the state Department of Correction a Baptist, but then converted to a sect called the Assemblies of Yahweh, which requires its members to follow Old Testament law. Though not an Jewish organisation, we understand, AoY insists that  Jewish feast days be observed. They include: Passover, Days of Unleavened Bread, Pentecost (Shavuot), Feast of Trumpets, Fast of Atonement (Yom Kippur), Feast of Tabernacles and the Last Great Day.

From that point on Fegans, now in his 50s, stopped cutting his hair and beard, and began demanding kosher meals. For his failure to submit to the prison grooming rules, he was disciplined, and was never given a kosher diet.

A kosher knockwurst, Mr Fegans?

A kosher knockwurst, Mr Fegans?

So in 2003 he sued the prison for violating his religious rights with regard to grooming and food. He lost the grooming part of his law suit, but was awarded $1,500 dollars for being served non-kosher grub.

Fegans appealed the decision by US District Judge James Moody, who found that the prison’s grooming policy didn’t violate Fegans’ right to religious freedom because the facial-hair rule kept inmates from changing their appearance.

Furthermore, long beards and long hair could be used to hide contraband.

Fegans decided to appeal the decision, but this week his appeal was dismissed by a majority of 2-1 US Circuit judges who upheld Judge Moody’s verdict.

In his appeal, Fegans also complained that the amount of damages he had been awarded was insufficient – that it amounted to just $1. 44 per meal.

He demanded punitive damages as well.

The appeal judges disagreed, and Little Rock attorney David Bowden, representing Fegans, said he was considering taking the appeal all the way to the US Supreme Court, if necessary – even though Fegans is now in federal prison near Memphis, where he isn’t required to cut his hair, regularly receives kosher meals and is leading a Bible study class.

Note: The knockwurst pictured really is kosher.

Send this article to:  reddit button       Digg!       stumble      delicious link              Searchles icon     Email this article

3 Comments

  1. Michael Cohen wrote:

    He could have always eaten Vegitarian/Vegan if he was so worred about being Kosher–I am allways supisius of these Prison conversions

    Sunday, August 17, 2008 at 4:07 pm | Permalink
  2. Tony wrote:

    This just epitomises that old saying-The law is an ass.

    Sunday, August 17, 2008 at 10:50 pm | Permalink
  3. carlo wrote:

    but… couldn’t those in the prison tell him simply:”yeah yeah… it’s kosher, believe me..”

    Tuesday, August 19, 2008 at 10:41 pm | Permalink

Post a Comment

Comments are semi-moderated, so you may have to wait before your comment is approved. Opinions expressed in the comments section are not necessarily the opinions of The Freethinker. If anyone has a complaint that a comment is defamatory, contact us and it will be removed.
Your email is never published nor shared. Required fields are marked *
*
*
Design and hosting by mckeegan's websites
14 queries. 1.758 seconds.-->