Ashelman

Kenneth 0. Ashelman, an Orthodox Jew and an inmate at the Arizona State Prison Complex, appeals the district court’s judgment following a bench trial on his claim under 42 U.S.C. § 1983 that his right to the free exercise of religion was violated by the prison’s failure to provide a kosher diet. 1 The warden cross-appeals the district court’s finding that prison officials prevented Ashel-man from resting and fasting as required by his faith, and its entry of an injunction barring this practice.

We have jurisdiction, 28 U.S.C. § 1291 , and we reverse on both grounds.

I

There is no question that Ashelman sincerely believes in the mandates of Judaism, or that one of the central tenets of Orthodox Judaism is a kosher diet.

At the time of his incarceration, it was the policy of the Department of Corrections (DOC) to afford inmates the opportunity to adhere to the dietary requirements of their faith systems, including to accommodate special diets unless this would create serious hardship upon the institution. However, Ashelman was not provided any kosher meals until the complaint in this action was filed June 8, 1983. Thereafter, DOC served one frozen TV-style kosher meal per day;…