My name is Manuel C. Salas, founder of the National Animal Rights and Anarchist Network (NARAN). I was inspired to write this page by my sister Sarah and her baby Lily. This is going to be the most difficult writing that I have done in a long time due to the lack of resources since I have been held captive in the Wisconsin prison institution. I mostly study Federal law dealing with civil cases but with being in the hole it’s hard.
I write this for some helpful information when advocating for prisoner rights to vegan food. My sister and some friends have helped me a lot fighting the WI DOC in getting them to change policy and to help with getting my law suit in order so I can get it in court. I hope to get it in court soon.
I ask everyone to go vegan and look into this for their love of animals and for the injustice and cruel treatment that animals must go through just to satisfy their desire for a hamburger or some chicken.
To not repeat myself please see my writing “Occupy Wall Street Support From a Wisconsin Prisoner” on my support site.
Please remember that properly planned vegan diets are healthful and have been found to satisfy nutritional needs, offering protection against obesity, heart and renal diseases, cancer, rheumatoid arthritis, and more. But as nutrition experts say, and what the facts show, plant-based diets must be appropriately planned in order to reap the benefits. Please note that heavy reliance on refined flours, sugars, and processed foods are typically lacking most if not all of the benefits of natural vegan diets [such processed foods are what are mostly offered in prison].
I would like to start by saying that calling the prison and not stopping your advocacy no matter what happens is one of the best ways to get results, but remember that prisons love to retaliate [against prisoners] so be ready and keep detailed records of all the things that happened. I also know letter writing helps too but remember to keep copies of all letters as evidence if you or your loved one needs them when taking the prison and their staff to court for violations of your loved one’s rights. As to vegan food it would also help to get to know the laws giving prisoner rights to vegan food but remember that the law is always changing so make sure you stay up with new laws and rights. And if possible get in contact with other groups that help vegan prisoners fight to get their vegan diets. I mainly want to put this together to show the laws around our rights, so let’s start to take a look.
First make sure your family and loved ones know that under 42 USC §1997 E(A) provides that no action shall be brought with respect to prison conditions under Section 1983 of this title or any other federal law by a prisoner confined in any jail, prison, or any other correctional facility until such administrative remedies that are available are exhausted. Prisoners must proceed through all levels of the administrative grievance system at the facility in which the prisoner is incarcerated. For example if the correctional facility requires an attempt of an informal resolution of the problem prior to filing a grievance, one must follow each step in order, and must be able to show that he or she fully exhausted the grievance process for each claim brought in any law suit. Failure to exhaust each step is a basis for dismissal of the complaint.
Constitutional Protection
Helling v. Kinney 509 US 25 (1993): The Eighth Amendment protects against conditions that pose an unreasonable risk of future harm as well as those that are currently causing harm.
Estelle v. Gamble 429 US 97 (1976): The Eighth Amendment prohibits the unnecessary and wanton infliction of pain.
Clement v. Gomez 298 F3d 898 (9th Cir 2002): A serious medical need is present whenever the failure to treat a prison condition which could result in further significant injury or the unnecessary and wanton infliction of pain.
These are just some of the cases but prison staff as a whole know that they must give inmates nutritionally adequate meals, and by not doing so it can lead to the following, but not limited to, memory loss, difficulty concentrating, Alzheimer’s disease, mood problems, and more which can lead to an Eighth Amendment violation if the facts show the prisoner suffers medical problems that stand up to the test of case law and constitutional rights.
Religious Rights to Vegan Diet
Prison staff also know (or should know) that under Huafa v. Murphy 907 F2d 46 (7th Cir 1990), Koger v. Bryan 523 F3d 789 (7th Cir 2008), and Nelson v. Miller 570 F3d 868 (2009), the law recognizes that a prisoner can bring a Free Exercise claim when he is put to an improper choice between adequate nutrition and observance of the tenets of his faith.
Domegan v. Fair 859 F2d 1059 (1st Cir 1988): Liberty interest in receiving nutritionally adequate meals.
There is more case law than this but it would be long to list, but I am more than happy to help anyone who requests help in knowing more.
Religious Land Use and Institutionalized Persons Act of 2000 (RLUIP) cases
Nelson v. Miller 570 F3d 868 (7th Cir 2009): Requiring a prisoner to show that his preferred diet is compelled by his religion is unconstitutional as such a requirement was contrary to RLUIP which specifically states that the term “religious exercise” includes any exercise of religion whether or not compelled by or central to a system of religious belief. A prisoner religious dietary practice is substantially burdened when the prison focuses him or her to choose between his religious practice and adequate nutrition.
Love v. Reed 216 F3d 682 (8th Cir 2000): Finding prison’s suggestion that the prisoner could fast as an alternative to the prison’s accommodations of the desired diet.
Mcelyea v. Babbitt 833 F3d 198 (9th Cir 1987): Inmates have the right to be provided with food sufficient to sustain them in good health that satisfies the dietary laws of their religion.
Nelson-C Refusing to accommodate a prisoner’s desired religious diet and consequently forcing the prisoner to fast one day each week was a substantial burden on the prisoner’s free exercise of religion.
Ford v. McCinnis 352 F3d 582 (2nd Cir 2003): Clearly established that a prisoner has a right to a diet consistent with his or her religion
Koger v. Bryan 523 F3d 789 (7th Cir 2008): Showed a Constitutional violation despite fact that prisoner’s religion did not require dietary restriction and not all members conformed to a meatless diet.
I fight not only for my rights to vegan food but for others too. My law suit is still being put together and hopefully I can get a lawyer or two to help when this goes to court, as I’m going after the Wisconsin Department of Corrections and it’s going to be a lot of work.
This is just a small piece but I want to show support to all vegan prisoners because in numbers we can gain miles in the fight for our rights, but without support we can gain only inches.
It’s also very important to have more than one way of contact for your loved ones such as a friend on the outside to start a support network with other vegan prisoners and support groups, and also make sure your loved one has postage—that is one of the most difficult resources to come by in prison, and there are rules and restrictions on receiving postage, with all prisons having different rules on how we can receive it, but postage to mail letters is key in the fight because not only do a lot of people write family but they also try to stay in contact with other groups and people ho may be able to help them.
I’m not an attorney but I give this legal information on this page to show some of the laws that we have to ensure that we get vegan food.
Any questions for help can be asked to me. Law is always changing so make sure you look up laws or ask someone who can help you. I will respond, so please print or type. Thank you. Again, please see my support page www.supportmanuel.com for updates on me and other things going on with me and my fight.
Love you Lily and thank you Sis and Pete and all others for all your support in my fight for vegan food and animal rights.
Keep up the fight for animal rights and as I do keep using your voice for them as they cannot speak up for their rights as humans can.
In solidarity,
Manuel C. Salas #504212
Waupun Correctional Institution
PO Box 351
Waupun WI 53963-0351