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Perez v. Westchester County Dep't of Corrections

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Argued: July 10, 2009

Before: CALABRESI and LIVINGSTON, Circuit Judges, and KORMAN, District Judge.*fn1

Plaintiffs, a group of practicing Muslims who are or were inmates at the Westchester County Jail, sued the Westchester County Department of Corrections (the “County”) and three of its employees (collectively, “Defendants”) for their refusal to provide Halal meat to Muslim inmates, allegedly in violation of the First, Eighth, and Fourteenth Amendments. Prior to the initiation of Plaintiffs’ suits, Defendants served Halal meat to Muslim inmates only twice a year; by contrast, they provided Kosher meat to Jewish inmates four to five times a week. Although Defendants initially rebuffed Plaintiffs’ demand that Muslim inmates be given Halal or Kosher meat*fn2 with the same frequency as Jewish inmates, they ultimately agreed to do so in exchange for the dismissal of the lawsuits. The parties memorialized this agreement in an “Order of Settlement, Release and Stipulation of Discontinuance” (the “Order of Settlement”), which the District Court (Berman, Judge) entered on March 12, 2008. Subsequently, the District Court granted Plaintiffs’ motion for attorneys’ fees.

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