Motion for Judgment on the Pleadings in Anthony T Wilburn v. Christina Reagle, Ron Neal, David Liebelet al| Trellis.Law

On March 21, 2024 a Exhibit,Appendix was filed involving a dispute between Wilburn, Anthony T, and Isp Chaplain, Johnson, Liebel, David, Neal, Ron, Reagle, Christina, for PL - Civil Plenary in the District Court of LaPorte County.

Preview
Pm Se 14 (INND Rev. 2/20) page 1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
[This form Is for prisoners to sue for civil rights vioiaﬁons manﬂip inlﬂor type] you r answers. ]
IN CLERKS OFFICE

MAR 2 1 2024
WILBU RN, ANTHONY T. .
{You are the PLAINTIFF, print your full name on this line.] AW 05""
Cl ERK OF {A FORTE CIRCUII' COURT
v.
CHRISTINA REAGLE. et al., . Case Number f/JKo/fi/df Pl 645 '
{The DEFENDANT is who you are suing] [Fora new case in this court, leave blank.
the court will assign a case number]

[The top of this page is the caption. Everything you ﬁle in this case must have the same caption.
Once you know your case number, it is VERYIMPORTANT that you include it on everything you send
to the court for this case. 00 NOT send more than one copy of anything to the court]

PRISONER COMPLAINT

Defendants Name and Job Title Work Address
1 [Put the defendant named in the caption in this box.] 302 W. Washington St, Room E-334
CHRISTINA REAGLE, in her individual and ofﬁcial Indianapolis, Indiana 46204
capacity as IDOC Commissioner
2 RON NEAL, in his individual capacity as Warden 1 Park Row
of Indiana State Prison Michigan City, Indiana 46360
3 DAVID LIEBEL, in his individLial and ofﬁcial 302 W. Washington St, Room E-334
capacity as Religious Authority for IDOC Indianapolis, Indiana 46204
[if you are suing more defendants, attach an additional page. Number each defendant. Put the name,
job title, and work address of each defendant in a separate box as shown here.]

1. How many defendants are you suing? 5

2. What is the name and address of your prison orjai|?l am being held prisoner at IDOC Indiana
.
State Prison. 1 Park Row, Michigan City, Indiana 46360.

3. Did the event you are suing about happen there? ®Yes. O No, it happened at:

4. On what date did this event occur? Approximately February 5'", 2024

[DO NOT write in the margins or on the back of any pages. Attach additional pages if necessary]
'
PmSeM ('NN'D Ram/20)
_ page 1-1

Defendants Name and Job Title Vllork Address
lSP CHAPLAIN, in his/her/their individual 1 Par'k Row
capacities Michigan City, Indiana 46360
.

5 JOHNSON, in, her individual capacity 1 Park Row
Michigan City, Indiana 463%0
Pro Se 14 (JNND Rev. 2/20)
page 2

CLAIMS and FACTS
1. The term "halal" is Arabic for "clean", "lawful", or "permissible".

2. The tefm "haram" is Arabic for "unclean" or "prohibited".

3. '
The term "najis" is Arabic for "ritually impure".

4. Haram and najis water and food items, such as the kosher meals and contaminated water

forced upon me, may only be ingested under compulsion of necessity. The regular denial

of a proper halal diet (including halal water) is impiety. Holy Qur'an, 6:118-21 ("So eat of

on which Allah's name has been pronounced, if you have faithin His Signs. \thy
'(meats)

should you not eat of (meats) on which Allah's name has been pronounced, when He has

explained to you in detail what is forbidden to youexcept under compulsion of

necessity? . . . eat not of (meats) on which Allah's name has not been pronounced: that

would be impiety.").

5. My sincere religious beliefs forbid me from consuming alcohol or other haram liquids and

foods, including meats that are not slaughtered islamically, as these things are najis.

6. Najis liquids includes water that has been contaminated by exposure to haram products or

byproducts.

7. Najis liquids and haram foods and drinks contaminate utensils, thereby rendering said

utensils naji and haram; R.EAGLE, NEAL, LIEBEL, and JOHNSON authorizes the use of

contaminated utensils to prepare the food l am forced to consume; JOHNSON physically

oversees the use thereof.

8. The consumption of haram foods and drinks is impiety and a profound sin that is

repugnant to my sincerely held religious beliefs.

IDO NOT write in the margins or on the back of any pages. Attach additional pages if necessary]
m Se 14 (INND new. 2/20)
page 3

9. My sincere religious beliefs require me to strictly adhere to a halal diet: regular

consumption of properly prepared foods of the earth (i. e., fruits, vegetables, ﬁsh, and

properly captured and slaughtered muhallal' animals)?

10. A'Iproper halal diet requires the regular consumption of the meat of muhallal animals that

have been slaughtered according to Islamic ritual (tadhkiyah).3 Holy Qur'an,
6:;18 ("[E]at
of (meats) on which Allah's name has been pronounced, if you have faith in His Signs").

11. IDOC prisons without a "kosher kitchen" provide prisoners with haram prepackaged

substitute kosher meal ("My Own iVleal"), in place of a proper halal«certiﬁed mealor

prepackaged meal.

12. Since being held prisoner at the lndiana State Prison. ("ISP") have verbally requested a
|

proper halal diet from the ISP CHAPLAIN.

13. In response, the ISP CHAPLAIN told me that per REAGLE and LIEBEL, I may not receive a

halal diet but instead must conform to a kosher diet.

14. When explained the tenets of lslam which require me to eat properly slaughtered meat
I

and that the kosher diet does 'not meet this requirement, I was told that l would be

transferred to a prison that offers prepackaged kosher trays that contain meat.

1
A "muhallal" animal (e.g., chicken, cow, sheep, and goat) is one that is permissible (halal) to
eat but only after tadhkiyah (captured and slaughtered in accordance with lslamic law).
2
Pursuant to Fed. R. Evid. 201, respectfully request the Court to take judicial notice of
|

William v. Morton, 343 F.3d 212, 215 (3rd Cir. 2003) ("A Halal, or lawful, diet includes fruits,
vegetables, seafood, and meat from herbivorous animals such as cows and chickens that are
'

properly slaughtered").
3
Tadh'kiyah, requires the following: (1) the person who slaughters the animal must be a
Muslim; (2) the animal being slaughtered, should face the qiblah (the east); '(3) the name of
Allah must be uttered at the time of slaughtering; and (4) the throat of the animal must be cut
with a sharp instrument made of iron, in a way that the jugular artery, jugular vein, esophagus
cah'a'l and trachea are cut simultaneous.

IDO NOT write in the margins or on the back of any pages. Attach additional pages if necessary]
ProSe14 (INN!) Rev. 2/20) '
Page 4

15. The prepackaged meals offered at other prisons are also haram and najis because they still

do not contain properly slaughtered meat nor are they prepared in a manher consistent

with the laws of Islam.

16. The prepackaged meals (9.9., "My Own Meal" meals) that are provided at prisons across

the State are not halal-certiﬁed."

17. The "My Own Meal" website describes its product as -"Refrigeration-Free Glatt Kosher

Meals," but not halal. See Mustafa-EL K.A. Aiala v. West, 2014 U.S. Dist. LEXIS 163003, at

*8 (W.D. Wis. 2014).5

18. The president and founder of the company that makes "My Own Meal", declared that

"The My Own Meal" brand has never included Halal-certified meals that contain meat or

fish." id. (citing http://www.myownmeals.com/ (emphasis added».

19. The prepackaged microwavable kosher meals (e.g., "My Own Meal"), authorized and

provided (by Hobson's choice), by REAGLE and LIEBEL at IDOC nonkosher-kitchen

facilities, do not meet the precepts of Halal law because, it contain meat on which Allah

name has not been pronounced; a fact declared to by the president of "My Own Meal". id.

20. These prepackaged microwavable najis kosher meals authorized and provided, by REAGLE

and LIEBEL, through Aramark, at Indiana Department of Correction ("IDOC") non-kosher-l

kitchen facilities are impiety and place a substantial burden on my sincerely held religious

beliefs.

4
REAGLE, LIEBEL, and IDOC and Aramark staff offer these type of prepackaged meals to
prisoners at Indiana state prisons that are not equipped with a kosher-kitchen. _

5
Pursuant to Fed. R. Evid. 201, respectfully request the Court to take judicial notice of this
I

case.

|DO NOT write in the margins or on the back of any pages. Attach additional pages if necessary]
Pro Se n (INND Ev. 2/20) page 5

21. Since being held prisoner at ISP, and to this day, RON NEAL ("NEAL"), through direct

and/or indirect, acts and omissions, and/or administrative practice, policy, and

enforcement, have ordered, condoned, and/or authorized Aramark and IDOC staff to deny

me clean drinking water, and a proper haial diet, and instead have been providing me with

haram drinking water and a haram vegetarian soy-based nonmeat kosher diet.

22. Since being held prisoner at ISP, and to this day, CHRISTINA REAGLE ("REAGLE"), through

direct and/or indirect, acts and omissions, and/or administrative practice, policy, and

enforcement, have ordered, condoned, and/or authorized Aramark and. IDOC staff to deny

me clean drinking water, and a proper halal diet, and instead have been providing me with

haram drinking water and a haram vegetarian soy-based nonmeat kosher diet.

23. Since being held prisoner at ISP, and to this day, DAVID LIEBEL ("LIEBEL"), through direct

and/or indirect, acts and omissions, and/or administrative practice, policy, and

enforcement, have ordered, condoned, and/or authorized Aramark and IDOC staff to deny

me clean drinking water, and a proper halal diet, and instead have been providing me with

haram drinking water and a haram vegetarian soybased nonmeat kosher diet.

24. Since being held prisoner at ISP, and to this day, JOHNSON, through direct and/or indirect,

acts and omissions, and/or administrative practice, policy, and enforcement, have

ordered, condoned, and/or authorized Aramark and IDOC staff to deny me clean drinking

water, and a proper halal diet, and instead have been providing me with haram drinking

water and a haram vegetarian soy-based nonmeat kosher diet.

25. Since being held prisoner at ISP, and to this day, ISP CHAPLAIN, through direct and/or

indirect, acts and omissions, and/or administrative practice, policy, and enforcement, have

IDO NOT write in the margins or on the back of any pages. Attach additional pages if necessary.]
Pm 5e 14 (INND Rev. 2/20)
page 6

ordered, condoned, and/or authorized Aramark and IDOC staff to deny me clean drinking

water, and a proper halal diet, and instead have been providing me with haram drinking

water and a haram vegetarian soy-based nonmeat kosher diet.

26. Since being held prisoner at lSP, and to this day, REAGLE, NEAL, LlEBEL, and JOHNSON have

instituted upon and against me, policies and practices, and/or acts and omissions, that

have forced me to betray Islam and my precepts of a proper halal diet, by, but not limited

to, forcing me to drink haram water from spouts that l have personally seen get

contaminated with other prisoners' saliva and alcoholic beverages; eat haram meats and

foods, and other haram byproducts therefrom; and regularly consume a najis kosher diet.

27. .Since being held prisoner at lSP, and to this day, REAGLE, NEAL, LIEBEL, and JOHNSON have

forced me to receive and consume a najis kosher diet that violates Halal law because, am
|

not regularly given halal meat, halal water, or edible fruits and vegetables.

28. Because of REAGLE, NEAL, LIEBEL, and JOHNSON's policies and practices, I have been

forced to completely go without halal meats and water, and instead, have been forced to I

consume an unnatural, and najis, soy-based protein substitutes in place thereof, and drink

haram water.

29. Kosher meats are najis, thus are a concession of necessity, not common practice, and its

regular consumption is not an acceptable substitute under Halal law. Holy Qur'an, 162115

("He has only forbidden . . . any (food) over which the name of other than Allah has been

invoked").

30. Kosher meats are not slaughtered in accordance to Islamic law (tadhkiyah), thus are not

equivalent to halal meat. id.

I'DO NOT write in the margins or on the back of any pages. Attach additional pages If necessary.)
Pm 5214 (INND Rev. 2/20)
page 7

31. A kosher diet is not equivalent to a halal diet, rather it is a trénsgression. For example: (1)

Halal law allows certain meats which are prohibited under Kosher law, (2) Halal law-

requires regular consumption of herbivorous animal meat, while Kosher law does not, and

(3) Kosher law allows certain food additives (e.g., alcohol, some glycerin, emulsiﬁers, and

enzymes), that are prohibited under Halal law.

32. Unnatural and some processed meats are also deemed haram by Halal law, due to the fact

that they are created by the division of the meat by rafﬂing, the Qur'an has deemed this
~

process impiety. Holy Qur'an, 5:3 ("Forbidden also is the division (of meat) by rafﬂing with

arrows: that is impiety.").

33. Through these covert policies and practices, REAGLE, NEAL, iSP CHAPLAIN, LIEBEL, and

'JQHNSON have all but physically forced me to abandon my religious dietary customs and

beliefs to conform to those of Judaism and Christian, by forcing me to consume a Judaic

religious diet and observe Judaic and Christian holidays through forced celebratory meals

thereon. ' '

34. REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and'JOHNSON offerJudaic-prisoners a proper kosher

dietRabbi and allin accordance with Judaic precepts, allthewhile am forced to I

conform to thereto (kosher diet and Passover celebration), instead of being able to freely

practice those of Islam (halal diet, and the 'Eid al-Fitr and 'Eid ul-Adhd celebrations)

though we are similarly-situated as Islamic- and Judaicprisoners.

35. Under Halal law, l am prohibited from many of the foods offered on the kosher diet and l

am proscribed from drinking water that has been contaminated by haram food items or

haram byproducts.

IDO NOT write in the margins or on the back of any pages. Attach additional pages if necessary.)
PmScIAGNNDRcv.2/2o) pages

36. I
regularly suffer from headaches, insomnia, stomach paine, painful and abnormal smelling

bowel movements, dehydration, and constipation for days at a time, as a'result of my

inability to eat the lunch and dinner kosher meals.

37. When l have no choice but to consume the kosher diet, consequently suffer severe
I

stomach pains, painful bowel movements, abnormal smelling gas and bowel movements,

and a feeling of spiritual betrayal to my sincerely held religious beliefs.

38. I
regularly wrestle with the decision to betray my sincerely held religious beliefs just so

that l am not always hungry and thirsty.

39. The kosher diet REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON are forcing me to

consume places a substantial burden on my religious practice, by denying me the ability to

maintain a halal diet that consist of halal meats, clean drinking water, and edible fruits and

vegetables.

40. At the same time, while denying me a proper halal diet and Islamic celebratory meals,

REAGLE, NEAL, LIEBEL, and JOHNSON are providingJudaic-prisoners with a kosher diet and

celebratory meals in par with their religious beliefsRabbi and all.

41. REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON'S policy and practice of providing

Judaic-prisoners with proper religious diets and not me, makes me feel like am not I

allowed to practice Islam as generously as the Judaic-prisoners.

42. REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON are undermining my free exercise of

lslam through targeted and covert policies and practices (e.g., the absence of a halal diet,

the forced conformity to a kosher diet and Judaic practices, forced observation of Judaic

[Do NOT write in the margins or on the back of any pages. Attach additional pages if necessary]
Pro 5e 14 (JNND Rev. 2/20)
page 9

and Christian holidays and customs, and encouraging participation in Judaism and

Christianity via propaganda).

43. REAGLE, ISP CHAPLAIN, LIEBEL, JOHNSON, and NEAL do not force the Judaic and Christian
_

prisoners to observe Ramadan, 'Eid aI-Fitr, or any other Islamic custom or holiday, but

force me to observe Judaic and Christian customs and holidays through obligatory

celebratory meals and religious propaganda.

44. 0n Christmas, Easter, and Passover, REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON

force me to both observe and celebrate these holidays, or go hungry; this-practice is

ongoing and will encompass future religious and secular celebrations.

45. I do not celebrate Passover, nor did I ever request any information seeking to celebrate

Passover, nonetheless, REAGLE, NEAL, ISP CHAPLAIN, and LIEBEL plan to force me to

celebrate Passover via celebratory meals.

46. ISP CHAPLAlN, REAGLE, LIEBEL and NEAL force me to observe Passover by issuing an edict

for ISP and Aramark staff to only provide me with the Special celebratory kosher Passover

meals as food during Passover.

47. | have never ever seen or heard of REAGLE, NEAL, iSP CHAPLAIN, LIEBEL, or JOHNSON

forcing Islamic dietary customs and/or beliefs upon any Christian or Judaic prisoner, let

alone in such a disreSpectful and cavalier manner.

48. REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON's discriminatory religious dietary

practices only targets mea prisoner of the Islamic faith.

49. REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON have went out of their way to

accommodate Judaic-prisoners and their want for a kosher diet and celebration of

IDO NOT write in the margins or on the back of any pages. Attach additional pages if necessary.]
Pm 5e 14 (INND Rev. 2/20)
page 10

Passover, including creafing a kosher kitchen, inviting a Rabbi into said kitchen, and

keeping a Rabbi staffed to ensure that the IDOC and Aramark are keeping kosherwhile

denying me the same for halal law.

50. For example, ISP was on lockdown during the 2023 Passover, yet still REAGLE, NEAL,

LIEBEL, ISP CHAPLAIN, and JOHNSON ensured that Passover meals were delivered to the

population, whereas, REAGLE, NEAL, LIEBEL, ISP CHAPLAIN, and JOHNSON did not provide

me an 'Eid aI-Fitr meal at the end ofthe 2023. Ramadan.

51. Observance of the 'Eid aI-Fitr feast is integral to me and my sincerely held religious beliefs.

It is comparable to Passover for a Judaicprisoner.

52. REAGLE, NEAL, LIEBEL, ISP CHAPLAIN, and JOHNSON refused to provide me with the ability

to observe the 'Eid al-Fitr feast.

53. REAGLE, NEAL, ISP CHAPLAIN, and LIEBEL regularly allow "Kairos"a Christian based

ministryto enter ISP to provide Christian- and Judaic-prisoners with special meals and

food, while at the same time denying me special or celebratory meals and foods mandated

by Islamic law (e.g., 'Eid al-Fitr feast, which, inter alia, requires the consumption of lamb

and beets)

54. REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON authorizes, condones, and/or

provides celebratory meals for Christian holidays (Christmas and Easter), Judaic holidays

(Passover), and secular holidays (New Years, Fourth ofJuly, and Thanksgiving), but not for

either of the two [2] Islamic holidays.

55. REAGLE, NEAL, ISP CHAPLAIN, LIEBEL, and JOHNSON have taken every detour and shortcut

to avoid extending the same religious acknowledgement that Judaic-prisoners receive, to

[DO NOT write in the margins or on the back of any pages. Attach additional pages if necessary.)
Pm 5e 14 (INN!) Rev. 2/20)
page 11

me, an'lslamic-prisoner, but instead are forcing me to maintain a haram nonmeat kosher

diet, in contravention of Halal law.

56. As part of their forced kosher diet, REAGLE, NEAL, LIEBEL, and JOHNSON either ordered,

condoned, approved, carried out, or authorized IDOC and Aramark staff to not provide rne

with food on Saturdays as part of the kosher diet.

S7. Because the kosher kitchen is closed on Saturdays, I am given a bag of peanut butter and

jelly sandwiches on Friday evening, along with fruits that are routinely spoiled and rotten,

and a bag of cereal that is routinely crushed to a near-fine powder.

58. On Sundays, as part of the kosher diet, lam only given a peanut butter and jelly sandwich

and approximately 23 beans in a cup, at lunch and dinner, respectively.

59. The meals also include fruit or vegetables, but they are routinely rotten and spoiled, thus

leaving rne with inadequate nutrition and food on Sundays.

60. l am deprived of adequate food and nutrition on Saturdays and Sundays because the

majority of the food that is given to me is unable to be consumed, either because it is

unsafe or not edible.

61. REAGLE, NEAL, LIEBEL, and JOHNSON are forcing me to observe Christian and Judaic

customs and beliefs, through the implied threat of food deprivation and religious

propaganda, which feel is akin to
| a state-sponsored effort to turn-me from [slamor else.

62. REAGLE, NEAL, LIEBEL, and JOHNSON are forcing me, on a daily basis, to make a Hobson's

choice: eat a religious diet contrary to my sincerely held religious beliefs, or do not eat at

all.

|DO NOT write in the margins or on the back of any pages. Attach additional pages if necessary]
PmSeuaNNDReuz/M) page12

63. There exgst no overriding peneological interest that would justify REAGLE, NEAL, ISP

CHAPLAIN, LIEBEL, and JOHNSON's stark difference in treatment of myselfan Islamic

prisonerto that of Christian- and Judaic-prisoners.

64. l am suffering irreparable harm front being forced to violate the precepts of Halal law or

starve.

Exhaustion of Administrative Remedies

65. On February 5'", 2024, I ﬁled an emergency grievance explaining my ongoing irreparable

harm described above; to date I have not received any acknowledgment or response.

66. Per emergency grievance policy, ISP's non-response amounts to it making the grievance

procedure unavailable.

67. To date, have not received any form of response to my emergency grievance or my follow
I

up inquiry about why l was not allowed to observe 'Eid al-Fitr.

IDO NOT write in the margins or on the back of any pages. Attach additional pages if necessary]
Pm 5e 14 (INND Rev. 2/20)
page 13
.

5. When did this event happen?

O Before was confined.
|

O While was confined awaiting trial.
I

(XAfter I was convicted while conﬁned sewing the sentence.
O Other:
6. Have you ever sued anyone for this exact same event?

®'No.
O Yes, attached is a copy of the ﬁnal judgment 93 an additional sheet listing the court,
case number, ﬁle date, judgment date, and result of the previous case(s).

7. Could you have used a prison grievance system to complain about this event?
O No, this event is not grievable at this prison or jail.
g Yes, l ﬁled a grievance and

For full print and download access, please subscribe at https://www.trellis.law/.

Exhibit,Appendix: Anthony T Wilburn v. Christina Reagle, Ron Neal, David Liebelet al

Preview

Case Info

Parties