SISNEY V. REISCH
754 N.W.2d 813 (2008)
NATURE OF THE CASE: Sisney (P) appealed a dismissal of his suit alleging that he was
entitled to kosher meals under a prior settlement with another inmate.
FACTS: P filed a pro se complaint alleging that he was a third-party beneficiary of a
settlement agreement between the Department of Corrections (DOC) and a former inmate. P
claimed that DOC and penitentiary officials breached the settlement agreement when they did
not provide him with pre-packaged, certified kosher meals. P pleaded that he is Jewish and
follows a kosher diet as part of his religion. In 1998, inmate Philip Heftel filed a suit
under 42 USC 1983 alleging that the DOC had deprived Heftel of his constitutional right to
free exercise of the Jewish religion. The parties ultimately entered into a settlement
agreement, which provided that the DOC 'agree[d] to provide a kosher diet to all Jewish
inmates who request it,' and that the kosher diet would include '[p]repackaged meals which
are certified kosher for noon and evening meals[.]'CBM Inc., quit serving prepackaged kosher
meals and began serving a new kosher diet, including a rice and bean mixture prepared and
cooked in the prison kitchen. P alleged that this change violated the Heftel Agreement and
his religious beliefs. P submitted a grievance through DOC administrative procedures. D
responded that P was not a party to the Heftel Agreement. The circuit court dismissed the
suit, concluding that P's claim was barred by statutory immunity, and in addition, the
complaint did not contain sufficient factual assertions supporting an inference that either
D was responsible for enforcing the Agreement. It did not reach the issue of third party
beneficiary status. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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