Sherral X. Kahey v. Johnnie Jones, Warden, Louisiana Corr. Inst. for Women, 836 F.2d 948 (5th Cir. 1988). · Go Syfert
Sherral X. Kahey v. Johnnie Jones, Warden, Louisiana Corr. Inst. for Women, 836 F.2d 948 (5th Cir. 1988). Cases Citing This Book View Copy Cite
105 citation events (55 in the last 25 years) across 27 distinct courts.
Strongest positive: Hope v. Harris (ca5, 2021-06-18)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Hope v. Harris (3×) also: Cited as authority (rule), Cited "see, e.g."
5th Cir. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
to the extent her complaint against the warden thus seeks prospective injunctive relief against the state, it does not contravene the eleventh amendment.
discussed Cited as authority (verbatim quote) Ahmad v. Department of Correction
Mass. · 2006 · quote attribution · 1 verbatim quote · confidence high
prisons need not respond to particularized religious dietary requests
cited Cited as authority (rule) Albarado v. Davis
E.D. Tex. · 2024 · confidence medium
Baranowski v. Hart, 486 F.3d 112, 122 (5th Cir. 2007); Kahey v. Jones, 836 F.2d 948, 951 (5th Cir. 1988); Udey v. Kastner, 805 F.2d 1218, 1221 (5th Cir. 1987).
cited Cited as authority (rule) Dawson v. Rowry
E.D. Tex. · 2024 · confidence medium
Baranowski v. Hart, 486 F.3d 112, 122 (5th Cir. 2007); Kahey v. Jones, 836 F.2d 948, 951 (5th Cir. 1988); Udey v. Kastner, 805 F.2d 1218, 1221 (5th Cir. 1987).
discussed Cited as authority (rule) Lozano v. Collier
5th Cir. · 2024 · confidence medium
We have repeatedly held that “prisons need not respond to particularized religious dietary requests to comply with the First Amendment.” Baranowski v. Hart, 486 F.3d 112, 122 (5th Cir. 2007) (citing Kahey v. Jones, 836 F.2d 948, 950 (5th Cir. 1988), and Udey v. Kastner, 805 F.2d 1218, 1219 (5th Cir. 1986)).
discussed Cited as authority (rule) Thomas v. Sanchez
S.D. Tex. · 2023 · confidence medium
Absent a demonstrated constitutional violation, “federal courts are reluctant to interfere in the internal affairs of a state prison.” Patrick, 2019 WL 2368563 , at *2Z (citation omitted). “urther, “li]Jmterference with the operations of the McConnell Unit at this early stage in the proceedings would not be in the public’s interest without a full opportunity for the facts to be developed beyond Plaintiffs allegations.” Jd. (citing Kahey v. Jones, 836 F.2d 948, 951 (Sth Cir. 1988)).
discussed Cited as authority (rule) Jenkins v. Lumpkin
S.D. Tex. · 2023 · confidence medium
Davis v. Davis, 826 F.3d 258, 265 (Sth Cir. 2016). 16 Lumpkin argues that plaintiff's adherence to the Hebrew Israelite faith is not completely stifled by lack of access to kosher meals or foods or by the requirement that he comply with the Chaplaincy Policy to apply for transfer to a JDU, citing Kahey v. Jones, 836 F.2d 948, 950 (Sth Cir. 1988) (stating that the First Amendment does not require prisons to comply with prisoners’ particularized religious dietary requests).
discussed Cited as authority (rule) Burrage v. Lee County Adult Jail
N.D. Miss. · 2022 · confidence medium
Further, “it would be an unreasonable interference with prison administration to rule that Defendants had a duty to house Plaintiff at a facility [or different Pod] of his choosing based on his generalized fears.” Williams, supra, at *3 n.4, citing Jones v. United States, 534 F.2d 53, 54 (5th Cir. 1976) (prison officials have broad discretion, free from judicial interference, in determining prisoner assignments); Kahey v. Jones, 836 F.2d 948, 950 (5th Cir. 1988) (courts defer to prison administrators concerning day-to-day prison operations).
discussed Cited as authority (rule) Shafer v. Davis (2×) also: Cited "see"
S.D. Tex. · 2021 · confidence medium
Tex. Oct. 18, 2012) (citing Kahey v. Jones, 836 F.2d 948, 950 (5th Cir. 1988)).
discussed Cited as authority (rule) Newsome v. Fairley
S.D. Miss. · 2020 · confidence medium
With respect to Plaintiff’s claim that he needed a special diet, there is a “legitimate governmental interest in running a simplified prison food service.” Baranowski v. Hart, 486 F.3d 112, 122 (5th Cir. 2007) (citing Kahey v. Jones, 836 F.2d 948, 950 (5th Cir. 1988)).
discussed Cited as authority (rule) Brown v. Bufkin
S.D. Miss. · 2019 · confidence medium
Deliberate indifference is not established by the fact that Defendants addressed Brown’s concerns by moving him to a different compound instead of placing him in protective custody. “[I]t would be an unreasonable interference with prison administration to rule that Defendants had a duty to house Plaintiff at a facility of his choosing based on his generalized fears.” Williams v. Management & Training Corp., 2017 WL 8793429 , at *3 n.4, citing Jones v. U.S., 534 F.2d 53, 54 (5th Cir. 1976) (prison officials have broad discretion, free from judicial interference, in determining prisoner as…
cited Cited as authority (rule) Mohamed Abdallah Omran v. Steve Prator
5th Cir. · 2016 · confidence medium
Id. (citing Kahey v. Jones, 836 F.2d 948, 950-51 (5th Cir. 1988)).
examined Cited as authority (rule) Baranowski v. Hart (3×) also: Cited "see"
5th Cir. · 2007 · confidence medium
In applying the Turner factors, the court concluded that there was a logical connection between the prison policy on inmate diet and the “legitimate governmental interest in running a simplified prison food service rather than a full-scale restaurant.” Id. at 950.
examined Cited as authority (rule) Thunderhorse v. Pierce (3×) also: Cited "see"
E.D. Tex. · 2006 · confidence medium
Udey v. Kastner, 805 F.2d 1218, 1219 (5th Cir.1986); Kahey v. Jones, 836 F.2d 948, 950 (5th Cir.1988).
discussed Cited as authority (rule) Securities & Exchange Commission v. Credit Bancorp, Ltd.
S.D.N.Y. · 2001 · confidence medium
See Progressive Consumers, 79 F.3d at 1234 (Declaratory Judgment Act does not bar quiet title action seeking determination of lien priority); Johnson, 836 F.2d at 948 (neither Declaratory Judgment nor Anti-Injunction Act bar quiet title suits that do not contest merits of underlying assessment); Aqua Bar, 539 F.2d at 940 (same); McEndree v. Wilson, 774 F.Supp. 1292, 1297 (D.Colo. 1991) (§ 2410(a)(1) provides exception to Declaratory Judgment Act jurisdictional bar); see also Harrell v. United States, 13 F.3d 232, 234 (7th Cir.1993) (Anti-Injunction Act does not bar § 2410 challenge to govern…
discussed Cited as authority (rule) Robert Perry Dehart v. Martin Horn, Commissioner of Corrections James S. Price, Supeintendent of Sci Greene United States of America
3rd Cir. · 2000 · confidence medium
This Court there specifically held that “[t]he Prison has a legitimate penological interest in keeping its food service system as simple as possible.” Id. at 282 ; see also Ward v. Walsh, 1 F.3d 873, 877 (9th Cir.1993) (same); Kahey v. Jones, 836 F.2d 948, 949-50 (5th Cir.1988) (same).
discussed Cited as authority (rule) DeHart v. Horn
3rd Cir. · 2000 · confidence medium
In Johnson, the Court specifically held that "[t]he Prison has a legitimate penological interest in keeping its food 7 service system as simple as possible." Id. at 282 ; see also Ward v. Walsh, 1 F.3d 873, 877 (9th Cir. 1993) (same); Kahey v. Jones, 836 F.2d 948, 949-50 (5th Cir. 1988) (same).
discussed Cited as authority (rule) DeHart v. Horn
3rd Cir. · 2000 · confidence medium
In Johnson, the Court specifically held that "[t]he Prison has a legitimate penological interest in keeping its food 7 service system as simple as possible." Id. at 282 ; see also Ward v. Walsh, 1 F.3d 873, 877 (9th Cir. 1993) (same); Kahey v. Jones, 836 F.2d 948, 949-50 (5th Cir. 1988) (same).
discussed Cited as authority (rule) Jeffrey E. Johnson Bruce Howard Shore, in No. 97-3581 v. Martin F. Horn Raymond J. Sobina, in No. 97-3582 (2×) also: Cited "see"
3rd Cir. · 1998 · signal: cf. · confidence medium
Only two courts of appeals have recognized the right of a Jewish inmate to receive a kosher diet, Ward, 1 F.3d at 879 (9th Cir.), Kahane, 527 F.2d at 496 (2d Cir.), and at least one of them does not view that right as a per se entitlement, Ward, 1 F.3d at 879 (remanding for consideration of whether prison’s legitimate interests justified denial of kosher meals); cf. Kahey, 836 F.2d at 951 (prison not required to comply with Muslim inmate’s particularized diet request).
discussed Cited as authority (rule) Johnson v. Horn (2×) also: Cited "see"
3rd Cir. · 1998 · signal: cf. · confidence medium
Hall v. Herring, 118 S. Ct. 412 (1997); Brady v. Fort Bend County, 58 F.3d 173, 175 (5th Cir. 1995). 16 (9th Cir.), Kahane, 527 F.2d at 496 (2d Cir.), and at least one of them does not view that right as a per se entitlement, Ward, 1 F.3d at 879 (remanding for consideration of whether prison's legitimate interests justified denial of kosher meals); cf. Kahey , 836 F.2d at 951 (prison not required to comply with Muslim inmate's particularized diet request).
discussed Cited as authority (rule) Cooper v. Lanham (2×) also: Cited "see"
4th Cir. · 1998 · confidence medium
Therefore, this Court can assume that Cooper's practice of Judaism is not entirely circumscribed in the prison, "and that this factor . . . compensates for the prison's failure to satisfy [his] dietary demand." Kahey v. Jones, 836 F.2d 948, 951 (5th Cir. 1988).
discussed Cited as authority (rule) Kurtz v. Denniston (2×)
N.D. Iowa · 1994 · confidence medium
Kahey v. Jones, 836 F.2d 948, 949 (5th Cir.1988); Udey v. Kastner, 805 F.2d 1218, 1220 (5th Cir.1986).
discussed Cited as authority (rule) Jason McKinley Ward v. Jessie Walsh, Associate Warden of Programs
9th Cir. · 1993 · confidence medium
Compare, e.g., Kahane v. Carlson, 527 F.2d 492 (2d Cir.1975) (pre-Tu rner case holding that the Orthodox Jewish inmates are entitled to a kosher diet; difficulties in providing diet are surmountable) and Whitney v. Brown, 882 F.2d 1068 (6th Cir.1989) (prison policy which eliminated Jewish inmates’ right to participate in annual Passover seder was an impermissible infringement upon the inmates' free exercise rights) with Kahey v. Jones, 836 F.2d 948, 950-51 (5th Cir.1988) (prison not required to provide full kosher diet where doing so would be administratively unfeasible) and Martinelli v. Du…
discussed Cited as authority (rule) Salaam v. Collins (2×)
D. Maryland · 1993 · confidence medium
In Turner , the Court set forth several factors courts should consider in determining whether a regulation is reasonably related to penological objectives or whether it should be viewed as an “exaggerated response” to perceived prison administrative concerns: “(1) whether the regulation has a logical connection to the legitimate government interest invoked to justify it, (2) whether there are alternative means of exercising the rights that remain open to the inmates, (3) the impact that accommodation of the asserted constitutional rights will have on other inmates, guards and prison reso…
discussed Cited as authority (rule) Scott v. Mississippi Dept. of Corrections
5th Cir. · 1992 · confidence medium
Long hair can be restyled or shorn to many different lengths, but short hair is harder to modify: the prisoner will continue to look 7 For example: A court's "inflexible strict scrutiny analysis would seriously hamper [prison officials'] ability to ... adopt innovative solutions to the intractable problems of prison administration", Turner v. Safley, 482 U.S. 78, 89 , 107 S.Ct. 2254, 2262 , 96 L.Ed.2d 64 (1987), and would lead to the "unnecessary intrusion of the judiciary into problems particularly ill-suited to "resolution by decree'." O'Lone v. Estate of Shabazz, 482 U.S. 342 , 349–50, 10…
cited Cited as authority (rule) Louis Scott, Louis Scott, Donald Smith and Elias Calhoun v. Mississippi Department of Corrections
5th Cir. · 1992 · confidence medium
Kahey v. Jones, 836 F.2d 948, 951 (5th Cir.1988) (Rubin, J., concurring). 9 .
cited Cited as authority (rule) Donald G. Henthorn v. J.D. Swinson
5th Cir. · 1992 · confidence medium
Kakey v. Jones, 836 F.2d 948, 950 (5th Cir.1988) (citations omitted).
discussed Cited as authority (rule) Cooper v. Rogers (2×)
D. Maryland · 1991 · confidence medium
See Hunafa v. Murphy, 907 F.2d 46, 48 (7th Cir.1990); Benjamin v. Coughlin, 905 F.2d 571, 575, 579-80 (2d Cir.), cert. denied, — U.S. -, 111 S.Ct. 372 , 112 L.Ed.2d 335 (1990); Kahey v. Jones, 836 F.2d 948, 950 (5th Cir.1988); McElyea v. Babbitt, 833 F.2d 196, 197 (9th Cir.1988).
discussed Cited as authority (rule) Lato v. Attorney General of United States
W.D. Tex. · 1991 · confidence medium
See O’Lone v. Estate of Shabazz, 482 U.S. 342 , 107 S.Ct. 2400 , 96 L.Ed.2d 282 (1987); see also Mumin v. Phelps, 857 F.2d 1055, 1056 (5th Cir.1988) (prison officials’ refusal to transport Islamic prisoners for weekly services was permissible limitation on prisoners’ free exercise of their religion); Kahey v. Jones, 836 F.2d 948, 950 (5th Cir.1988) (prison was not required to prepare specially tailored nonpork menu in special way to accommodate plaintiff’s Moslem religion).
discussed Cited as authority (rule) Benjamin v. Coughlin
2d Cir. · 1990 · confidence medium
Courts, however, are reluctant to grant dietary requests where the cost is prohibitive, see Martinelli v. Dugger, 817 F.2d 1499 , 1507 & n. 29 (11th Cir.1987), cert. denied, 484 U.S. 1012 , 108 S.Ct. 714 , 98 L.Ed.2d 664 (1988); Kahey v. Jones, 836 F.2d 948, 951 (5th Cir.1988), or the accommodation is administratively unfeasible, see Kahey, 836 F.2d at 951 ; Kahane, 527 F.2d at 495 . 43 The dietary programs presently in effect are well-defined.
discussed Cited as authority (rule) Benjamin v. Coughlin
2d Cir. · 1990 · confidence medium
Courts, however, are reluctant to grant dietary requests where the cost is prohibitive, see Martinelli v. Dugger, 817 F.2d 1499 , 1507 & n. 29 (11th Cir.1987), cert. denied, 484 U.S. 1012 , 108 S.Ct. 714 , 98 L.Ed.2d 664 (1988); Kahey v. Jones, 836 F.2d 948, 951 (5th Cir.1988), or the accommodation is administratively unfeasible, see Kahey, 836 F.2d at 951 ; Kahane, 527 F.2d at 495 .
cited Cited as authority (rule) Card v. Dugger
M.D. Fla. · 1988 · confidence medium
As in Kahey v. Jones, 836 F.2d 948, 951 (5th Cir.1988), “[t]he expense and diversion of resources from other penological goals could be considerable.
cited Cited "see" Thomas v. Flores
N.D. Tex. · 2022 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948, 950 (Sth Cir. 1988).
discussed Cited "see" Paul Morgan v. State of Mississippi
5th Cir. · 2011 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948, 950-51 (5th Cir.1988), The district court’s account and interpretation of the evidence are plausible in light of the record viewed in its entirety; no error in the denial of relief has been shown.
cited Cited "see" Green v. Tudor
W.D. Mich. · 2010 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948 (5th Cir.1988).
cited Cited "see" Adkins v. Kaspar
5th Cir. · 2005 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948, 951 (5th Cir. 1988). 17 .
discussed Cited "see" Rashad v. Maloney
Mass. Super. Ct. · 2003 · signal: see · confidence high
See Kahey v. Jones, 836 F. 2d 948, 950-51 (5th Cir. 1988); Martinelli v. Duggan, 817 F.2d 1499, 1507 (11th Cir. 1987); Kahane v. Carlson, 527 F.2d 492, 496 (2d Cir. 1975); Denson v. Marshall, 59 F.3d 156 , 158 (D.Mass. 1999), aff'd., 230 F.2d 1347 (1st Cir. 2000); Muhammad v. Umar, 98 F.Sup. 2d 337 (W.D.N.Y. 2000); Salaam v. Collins, 830 F.Sup. 853, 857 (D.Md. 1993). 3.
cited Cited "see" Joseph v. Campbell
6th Cir. · 2001 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948, 950-51 (5th Cir.1988).
cited Cited "see" Lara v. Williams
Tex. App. · 1999 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948, 951 (5th Cir.1988).
discussed Cited "see" DeHart v. Lehman
E.D. Pa. · 1998 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948 (5th Cir.1988) (holding prison not required to prepare highly particularized religious dietary request to accommodate Mos- *543 lem inmate); Cooper v. Rogers, 788 F.Supp. 255, 258 (D.Md.1991), aff'd, 959 F.2d 231 (4th Cir.1992) (denying Orthodox Jewish inmate’s request for catered kosher breakfast did not violate free exercise provision of First Amendment).
cited Cited "see" C.D. Mosier v. Gary Maynard, D.O.C. Dan Reynolds, Warden
10th Cir. · 1991 · signal: see · confidence high
See Kahey v. Jones, 836 F.2d 948, 950 (5th Cir.1988) (accommodation policy for kosher diet evaluated under Turner).
discussed Cited "see, e.g." Adkins v. Kaspar
5th Cir. · 2004 · signal: see also · confidence medium
Id. (citing Ganther v. Ingle, 75 F.3d 207, 211 (5th Cir.1996)). 13 Id. 14 See O'Lone v. Estate of Shabazz, 482 U.S. 342 , 107 S.Ct. 2400 , 96 L.Ed.2d 282 (1987) (upholding a regulation that prohibited Muslim prisoners from attending Friday afternoon services, the Court found the ability to participate in other Muslim religious ceremonies satisfied Turner 's "alternative means" test). 15 Freeman, 369 F.3d at 862 ; see also Turner, 482 U.S. at 90 , 107 S.Ct. 2254 ("When accommodation of an asserted right will have a significant `ripple effect' on fellow inmates or on prison staff, courts should …
discussed Cited "see, e.g." Hudson v. Maloney
D. Mass. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Kahey v. Jones, 836 F.2d 948, 950 (5th Cir.1988) (“[P]risons need not re *212 spond to particularized religious dietary-requests.”); Denson v. Marshall, 59 F.Supp.2d 156, 158-159 (D.Mass.1999), aff'd, 230 F.3d 1347 , 2000 WL 1450999 (1st Cir.2000) (no constitutional violation where a Muslim inmate in a disciplinary unit was denied a request for special food items to be delivered before sunrise during three to five fast days each month); Abdul-Malik v. Goord, 1997 WL 83402 , at *7-8 (S.D.N.Y.
discussed Cited "see, e.g." Denson v. Marshall
1st Cir. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Kadey v. Jones, 836 F.2d 948, 950-51 (5 th Cir. 1988); Udey v. Kastner, 805 F.2d 1218, 1220-21 (5 th Cir. 1986).1 Similarly, although the district court did not explicitly mention the fourth factor under the Turner test, we discern no error.
discussed Cited "see, e.g." Martin Allen Johnson v. United States Bureau of Prisons United States of America
9th Cir. · 1993 · signal: see, e.g. · confidence low
See e.g., Kahey v. Jones, 836 F.2d 948 (5th Cir.1988) (prison not required to prepare specially tailored nonpork menu to accommodate inmate's religious beliefs because of prison's interest in running simplified prison food service and because satisfying request would impose more than de minimis costs). 10 Johnson argues the prison denied him equal protection because it has Kosher diets for Jewish prisoners and nonpork diets for Muslims.
cited Cited "see, e.g." Rashid A.A. Mumin v. C. Paul Phelps
5th Cir. · 1988 · signal: see also · confidence medium
See also Kahey v. Jones, 836 F.2d 948, 950-51 (5th Cir.1988).
Retrieving the full opinion text from the archive…
Sherral X. KAHEY, Plaintiff-Appellant,
v.
Johnnie JONES, Warden, Louisiana Correctional Institute for Women, Et Al., Defendants-Appellees
87-3458.
Court of Appeals for the Fifth Circuit.
Feb 4, 1988.
836 F.2d 948
1988 U.S. App. LEXIS 1412
1988 WL 2486
Sherral X. Kahey, pro se., Debra A. Rutledge, J. Marvin Montgomery, Atty. Gen., Baton Rouge, La., for defendants-appellees.
Gee, Rubin, Jones.
Cited by 57 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Sherral X. Kahey, pro se.

Debra A. Rutledge, J. Marvin Montgomery, Atty. Gen., Baton Rouge, La., for defendants-appellees.

Appeal from the United States District Court for the Middle District of Louisiana.

Before GEE, RUBIN, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Lead Opinion

EDITH H. JONES, Circuit Judge:

Appellant Kahey, an inmate at the Louisiana Correctional Institute for Women (“LCIW”), appeals from the magistrate’s grant of summary judgment denying her demand to have the prison prepare, not just a non-pork diet, but a specially-tailored menu in a special way to accommodate her practice of Islam. We affirm.

The State of Louisiana contends that this case may be disposed of on eleventh amendment grounds, inasmuch as Kahey’s original complaint sought $350,000 from the Appellants in their official capacities as Warden and Food Service Supervisor of the LCIW. In the ordinary case, we would agree that this lawsuit for retrospective damages, even though couched as one against the individual employees of the state, would as a practical matter result in a judgment payable from the state treasury. The eleventh amendment, however, bars such a suit against a state official when “the state is the real, substantial party in interest.” Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 101, 104 S.Ct. 900, 908, 79 L.Ed.2d 67 (1984). See also Voisin’s Oyster House, Inc. v. Guidry, 799 F.2d 183 (5th Cir.1986). With regard to this pro se plaintiff, a more generous construction of her pleadings is necessary, and so read, they repeatedly and ardently seek affirmative recognition by the prison authorities of the restrictions of her kosher diet. To the extent her complaint thus seeks prospective injunctive relief against the state, it does not contravene the eleventh amendment, Edelman v. Jordan, 415 U.S. 651, 664, 94 S.Ct. 1347, 1356, 39 L.Ed.2d 662 (1974), and we proceed to the merits.

Kahey averred that the Moslem religion prevents her not only from eating products containing pork, but from eating any food cooked or served in or on utensils that have come into contact with pork or any pork by-product. She requests the prison to provide her with regular meals consisting of eggs, fruit and vegetables served with shells or peels, on paper plates. The prison officials responded that in their attempts to satisfy Kahey, they modified the applicable prison regulation, No. 30-22, to provide a protein substitute whenever pork is served with a prison meal. They also identified on the prison menus any pork or shellfish products in the dishes served and, when appropriate, they prepare some dishes, like beans, both with and without pork. Fulfilling Kahey’s particular requests would require special food and[*950] individualized processing and containers in order to completely avoid pork-contamination.

The short answer to Kahey’s request is that our circuit, in Udey v. Kastner, 805 F.2d 1218 (5th Cir.1986), has already ruled that prisons need not respond to particularized religious dietary requests. The principal basis for decision in Udey was the court’s recognition that if one such dietary request is granted, similar demands will proliferate, with two possible results: either accommodation of such demands will place an undue burden on the prison system, or the prisons would become entangled with religion while drawing fine and searching distinctions among various free exercise claimants.[1] Udey controls our decision. See also Martinelli v. Dugger, 817 F.2d 1499, 1506-07 (11th Cir.1987) (prison kosher diet regulation upheld).

Since Udey was decided, the Supreme Court has twice spoken on the basis for recognizing prisoners’ constitutional rights consistent with the needs of the penological setting in which they live. In Turner v. Safley, — U.S. -, 107 S.Ct. 2254, 2261, 96 L.Ed.2d 64 (1987), the Court declared the general test: when a prison regulation impinges on inmates’ constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests. The standard is intended to encourage deference to prison administrators and to avoid repetitive interference by federal courts in operational matters. — U.S. at -, 107 S.Ct. at 2262. See also O’Lone v. Estate of Shabazz, — U.S. -, 107 S.Ct. 2400, 2404, 96 L.Ed.2d 282 (1987). Turner identified four factors that courts should use to gauge the reasonableness of a restraint regulating a prisoner’s exercise of constitutional rights. Shortly thereafter, in O’Lone v. Estate of Shabazz, — U.S. -, 107 S.Ct. 2400 (1987), the Court applied these factors to uphold a prison work regulation that prevented Islamic prisoners from attending Friday prayer services.

To determine whether LCIW’s regular and kosher diet regulations are sufficient under Turner, we must consider “(1) whether the regulation has a logical connection to the legitimate government interests invoked to justify it, (2) whether there are alternative means of exercising the rights that remain open to the inmates, (3) the impact that accommodation of the asserted constitutional rights will have on other inmates, guards and prison resources, and (4) the presence or absence of ready alternatives that fully accommodate the prisoner’s rights at de minimis costs to valid penological interests. Turner, 107 S.Ct. at 2262; O’Lone, 107 S.Ct. at 2405.” McCabe v. Arave, 827 F.2d 634, 637 (9th Cir.1987).

Applying the Turner factors, as elaborated in O’Lone, LWIC’s policy for accommodating kosher diets passes muster. First, there is a logical connection between the prison regulation and the legitimate governmental interest that justifies it. Turner, at 2262. LWIC intends to provide the inmates balanced, uniform meals, with protein substitutes for pork and pork products, reserving special diets only for medical reasons. LWIC has a legitimate governmental interest in running a simplified prison food service rather than a full-scale restaurant. Second, we must determine whether there are alternative means for Kahey to maintain her religious practices. In O’Lone, it was deemed significant that although the prisoners could not attend a Friday evening Islamic service regularly, they were not prevented from otherwise participating in Islamic rites, including keeping a kosher diet. Although we would not denigrate the significance Kahey attaches to following a special diet prepared in a special manner, she acknowledges in her pleadings that other Moslems do not necessarily adhere to the same standard.[*951] Moreover, she does not complain of being deprived of free exercise rights in any other fashion. We must therefore assume that her practice of Islam is not entirely circumscribed in the prison, and that this factor, as the court found in O’Lone, compensates for the prison’s failure to satisfy her dietary demand.

Third, we must consider the impact of providing Kahey an individualized diet on “guards and other inmates, and on the allocation of prison resources generally.” Turner, id. LWIC is understandably reluctant not only to provide special food, but to devote special storage facilities, utensils and preparation effort to supplying Ka-hey’s diet. And, as Udey suggests, the prison could be expected to encounter many similar requests if Kahey’s is granted. The expense and diversion of resources from other penological goals could be considerable. Moreover, if other prisoners are not similarly accommodated, they might well perceive Kahey as being favored. This perception would have an adverse impact on prison morale. Compare O’Lone, supra at 2406. The final factor, according to Turner, is whether there are ready alternatives to satisfy Kahey’s dietary requirements at de minimis cost to valid penological interests. It would seem obvious that purchasing, storing and preparing food for one prisoner out of hundreds in the LWIC would impose more than de minimis cost on the prison. The only alternative suggested by Kahey, providing food in hulls or shells served on paper plates, nevertheless requires the prison to set aside resources uniquely for her benefit. In comparison to the cost of the pork-free diet already made available to Kahey through the general prison food service, we cannot conclude that the cost of her preferred kosher diet would be de minimis.

We believe the LWIC’s reluctance to supply an individualized kosher diet and preparation for Kahey fully accords with the result and reasoning of Turner and O’Lone. See also McCabe v. Arave, 827 F.2d 634 (9th Cir.1987); Allen v. Toombs, 827 F.2d 563 (9th Cir.1987) (both cases substantially upholding prison regulations limiting certain religious activities). As O’Lone concludes, “We take this opportunity to reaffirm our refusal, even where claims are made under the first amendment, to ‘substitute our judgment on ... difficult and sensitive matters of institutional administration,’ Block v. Rutherford, 468 U.S. 576, 588, 104 S.Ct. 3227, 3233, 82 L.Ed.2d 438 (1984), for the determinations of those charged with the formidable task of running a prison.” 107 S.Ct. at 2407. Consequently, the summary judgment awarded by the district court must be AFFIRMED.

1

The second alternative could result in troubling discrimination against prisoners practicing uncommon religions, as majority religions are accommodated. See Udey at 1220 n. 2. However, the Supreme Court held in Cruz v. Beto, 405 U.S. 319, 322, 92 S.Ct. 1079, 1081, 31 L.Ed.2d 263 (1972), that although adherents of minority religions must be afforded a reasonable opportunity to worship while in prison, they need not receive facilities or personnel identical with the more populous denominations. Id. at 322 n. 2, 92 S.Ct. at 1081 n. 2.

Concurrence

ALVIN B. RUBIN, Circuit Judge,

specially concurring:

Ms. Kahey’s convictions appear to me to be sincere and her requests might readily be accommodated. The steps taken by prison authorities — identifying dishes that contain pork on posted menus and offering sliced cheese at meals when the main dish contains pork — may have been intended as accommodations, but they are apparently all but irrelevant to the tenets of Ms. Ka-hey’s religion, which prohibits not merely the consumption of pork, but the consumption of any foods prepared with or served in dishes used in cooking or serving pork. Given the modest dimensions of Ms. Ka-hey’s proposed meal plan, I see no real danger that the administration of the St. Gabriel Prison would be seriously embarrassed if the cooks boiled or baked her potatoes in the skin and served her two eggs and a half pint of milk daily. She has suggested a practicable alternative that would not require prison officials to set up a separate kitchen system. Nonetheless she is in prison and we defer to the decisions of the prison authorities in such administrative matters. The free exercise clause does not entitle this court to substitute its judgment for theirs. Therefore, I concur.