BEERHEIDE v. SUTHERS

No. 00-1086.

286 F.3d 1179 (2002)

Charles E. BEERHEIDE, Sheldon Perlman, and Allen Isaac Fistell, Plaintiffs-Appellees, v. John W. SUTHERS, Executive Director, Colorado Department of Corrections; Gerald M. Gasko, Acting Deputy Director, Colorado Department of Corrections; Dona Zavislan, Food Service Administration, Colorado Department of Corrections; Lee Hendrix, Volunteer Service Administrator, Colorado Department of Corrections; and Does 1 Through 10, Defendants-Appellants. American Civil Liberties Union, Aleph Institute, and Jewish Prisoner Services International, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

April 11, 2002.


Attorney(s) appearing for the Case

Jennifer M. Dechtman, Assistant Attorney General, State of Colorado, Denver, CO (Ken Salazar, Attorney General, State of Colorado, Denver, CO, with her on the briefs), for Defendants-Appellants.

Scot M. Peterson of Koff, Corn & Berger, P.C., Denver, CO, for Plaintiffs-Appellees.

Stephen E. Abrams of Perkins Coie LLP, Denver, CO, filed an amicus curiae brief for American Civil Liberties Union.

Isaac M. Jaroslawicz, Director of Legal Affairs, the Aleph Institute, Surfside, FL, filed an amici curiae brief for The Aleph Institute and Jewish Prisoner Services International.

Before SEYMOUR, and PORFILIO, Circuit Judges, and OWEN, District Judge.


SEYMOUR, Circuit Judge.

Charles Beerheide, Sheldon Perlman, and Allen Fistell brought suit under 42 U.S.C. § 1983, claiming their First Amendment right to free exercise of their religion was violated when they were not provided kosher meals while incarcerated in the Colorado prison system. Defendants John Suthers, Gerald Gasko, Dona Zavislan, and Lee Hendrix, officials of the Colorado Department of Corrections (DOC), appeal from the district court's decision...

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