Rich v. Buss

Becket Role:


Decision Date:
February 10, 2014
Deciding Court:
U.S. Court of Appeals for the Eleventh Circuit


Case Summary

What if you had to choose between practicing your faith and receiving adequate nutrition? That choice confronted Bruce Rich, who was twice forced to go without regular meals for over a month. The reason? Mr. Rich is an Orthodox Jewish prisoner in Florida, and Florida was one of the last remaining states in the country to deny kosher diets to Jewish prisoners.

In 2012, Becket filed an appeal on behalf of Mr. Rich, arguing that denial of a kosher diet violates the Religious Land Use and Institutionalized Persons Act (RLUIPA)—a landmark civil rights law designed to protect religious freedom in prison. Congress enacted RLUIPA unanimously in 2000, finding that, “[w]hether from indifference, ignorance, bigotry, or lack of resources, some institutions restrict religious liberty in egregious and unnecessary ways.”

In response to Mr. Rich’s lawsuit, Florida claimed that denying a kosher diet was necessary to control costs and maintain security. But at the time, no less than thirty-five states and the federal government already provided kosher diets without problems of cost or security. And from 2004 to 2007, Florida itself provided a Jewish dietary program that cost only a fraction of one percent of its annual food budget and did not result in any security problems.

In May 2013, the Eleventh Circuit Court of Appeals ruled unanimously in Mr. Rich’s favor, finding that “the evidence submitted by [Florida] … is insubstantial.” The court said that Florida made only “meager efforts to explain why Florida’s prisons are so different from the penal institutions that now provide kosher meals.” It then sent the case back to the district court.

Shortly thereafter, a district court in a separate case, relying on the Eleventh Circuit’s decision, ordered Florida to begin providing a kosher diet to all observant Jewish inmates, including Mr. Rich, no later than July 1, 2014. In response to this victory, Mr. Rich voluntarily withdrew his lawsuit.

In addition to winning Mr. Rich’s appeal at the Eleventh Circuit, Becket has won previous kosher diet cases against Florida, Georgia, and Texas, and assisted in a similar victory against Indiana. In fact, Becket has never lost a kosher diet case against a prison system.

Case Information

Becket Role:
Case Start Date:
August 9, 2010
Deciding Court:
U.S. Court of Appeals for the Eleventh Circuit
Original Court:
U.S. District Court for the Northern District of Florida
Practice Area(s):