COURTS
MDC inmates allege their religious rights were denied in suit
Complaint states that inmates were forced onto a Ramadan diet and denied prayer items
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A lawsuit filed in 2nd Judicial District Court in June alleges that two inmates at the Bernalillo County Metropolitan Detention Center had their religious rights violated when they requested a kosher meal plan for Passover and were instead forced to fast in observance of Ramadan, a Muslim holiday that lasts for 30 days.
The lawsuit alleges that when the inmates attempted to resolve the situation, correctional officers interfered with their attorney correspondence and retaliated against them to prevent them from speaking to counsel.
Inmates Ha Nasi Yisrael and Timothy Harlan, who are Messianic Jews and Black Israelites, were denied a kosher meal plan and were instead forced to participate in fasting in observance of Ramadan 鈥� a holiday observed by Muslims, according to the lawsuit.
The inmates spoke to the chaplain at MDC, who allegedly took no corrective action.
鈥淧laintiffs were given the runaround,鈥� the lawsuit states. 鈥淒espite MDC鈥檚 knowledge of Plaintiffs' religion, MDC told Plaintiffs that their religious rights were not violated because they were put on a 鈥楻amadan diet.鈥� MDC did not acknowledge the difference between the two religious holidays.鈥�
Their attorney did not respond to calls for comment.
In an email to the Journal, MDC Warden Kai Smith said the jail was inclusive of all inmates and their religions.
鈥淭he Bernalillo County Metropolitan Detention Center (MDC) is dedicated to fostering an environment of inclusion and respect for all religions observed by the inmates in our custody and care,鈥� Smith wrote. 鈥淥ur legal department will carefully evaluate this lawsuit, assess its validity, and act in the best interests of MDC and those we serve as we move forward.鈥�
In April, Harlan and Yisrael requested prayer shawls, also known as tallit, and books be sent to the jail, the lawsuit states. The two placed the order but later that same day, the request was denied.
MDC regularly distributes religious materials to other inmates, including prayer rugs and Bibles to those practicing other religions, according to the suit.
MDC鈥檚 administrative staff decided that Yisrael and Harlan could not receive the items 鈥渂ecause of a risk that they could be used to commit suicide,鈥� the lawsuit alleges.
According to the lawsuit, Yisrael and Harlan have never been placed on suicide watch, and evaluations determined that they were not at risk of suicide. At the time of the lawsuit鈥檚 filing, the two still had not received the religious materials they requested.
In an email, one correctional officer expressed concerns about the religious items being denied and noted that since Yisrael and Harlan became more involved in their religion, they have been 鈥渕ore respectful, patient, and inclined to follow policy and directives,鈥� the lawsuit states.
鈥淚 have observed both taking part in traditional prayers and practicing spiritual diets,鈥� the officer wrote. 鈥淏oth inmates have been approved for the Passover diets by the chaplain. It is also my understanding that both inmates requested and obtained permission from the chaplain prior to purchasing the Tallit for delivery.鈥�
Harlan alleged that his yarmulke and other religious items were thrown out of the cell and on to the ground during a raid. He said that correctional officers began to step and kick the items on the ground.
Yisrael and Harlan reached out to attorneys over the phone, and correctional officers told them that staff were listening to the calls and knew they planned to bring the action against MDC, the lawsuit alleges.
The two were told by officers that if either tried to mail a letter to their attorneys, the documents would be intercepted despite being labeled as legal mail, according to the suit.
The suit seeks punitive damages and any other relief the court deems appropriate.
Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.
