Free Declaration in Support - District Court of California - California

Case 3:07-cv-02928-JSW

Document 31

Filed 06/23/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DAVID S. CHANEY Chief Assistant Attorney General 3 FRANCEST.GRUNDER Senior Assistant Attorney General 4 MICHAEL W. JORGENSON Supervising Deputy Attorney General 5 LISA SCIANDRA, State Bar No. 246532 Deputy Attorney General 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004· 7 Telephone: (415) 703-5846 Fax: (415) 703-5480 8 Email: [email protected] 9 Attorneys for Defendants Curry, Chudy, Hill, Hedrick, Raghunath, Grannis, Aboytes, and Klein 10
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IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA'
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SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 I, S. SUMMERSETT, declare as follows: 22 1. I am currently employed by the California Department of Corrections and RONALD BRATTON, Plaintiff, Case No. C 07-2928 JSW DECLARATION OF S. SUMMERSETT IN SUPPORT, OF DEFENDANTS' MOTION' FOR SUMMARY JUDGMENT

v.
BEN CURRY, Defendants.

23 Rehabilitation (CDCR) as the Departmental Food Administrator. I have been employed in this 24 position since 2001. As the Departmental Food Administrator, I am responsible for preparing the 25 menus for meals served at CDCR. I have been registered by the Commission on Dietetic 26 Registration, the credentialing agency for the American Dietetic Association, as a Registered 27 Dietitian since 1972. I hold a Bachelor of Science degree from California Polytechnic State 28 University, and a Masters of Public Health in nutrition from the University of California at Los
Dec!. S. Summersett in Support ofDefs.' Mot. Surnm. J. R. Bratton v. B. Curry, et at. C 07-2928 JSW

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1 Angeles. I am competent to testify to the matters set forth in this declaration, and if called upon 2 to do so, I would and could so testify. I submit this declaration in support of Defendants' Motion 3 for Summary Judgment. 4 2. In my capacity as Departmental Food Administrator, I regularly analyze the nutritional

5 value ofCDCR's menus. 6 a. A daily average of menus served over seven weeks shows that CDCR's religious

7 vegetarian diet exceeds the nutritional standards for men, as set by the Food and Nutrition Board 8 of the Institute of Medicine, National Academy of Sciences. For-men ages fifty-one to seventy, 9 the religious vegetarian diet provides 176 percent of the recommended daily protein and 280 10' percent of the recommended daily iron.
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Attached as Exhibit A are true and correct copies of my nutritional analyses of

12 CDCR's religious vegetarian diet, regular diet, and Jewish kosher diet for menages thirty-one to 13 fifty, and for men ages fifty-one to seventy. These analyses show the daily averages over a 14 seven-week period. 15 3. I am personally familiar with the costs of each diet program that CDCR serves. As

16 Exhibit A shows, the costs per day per inmate are as follows: (1) the religious vegetarian diet 17 costs $2.6268; (2) the regular diet costs $2.8066; and (3) the Jewish kosher diet costs $7.1840. 18 a. There are approximately 10,000 Muslim inmates in the CDCR system. If all

19 10,000 Muslim inmates chose the religious vegetarian diet option, then this would cost 20 $9,587,820 per year. If only 5,000 Muslim inmates chose the religious vegetarian diet option, 21 then this would cost $4,793,910. 22 23 b. If all 10,000 Muslim inmates chose the Jewish kosher diet, then this would cost

$26,221,600 per year. If only 5,000 Muslini inmates chose the Jewish kosher diet, then this

24 would cost $13,110,800 per year. 25 c. Thus the Jewish kosher diet would cost CDCR $16,633,780 more per year than

26 the religious vegetarian diet for 10,000 Muslim inmates. For only 5,000 Muslim inmates, the 27 28 Jewish kosher diet would cost CDCR $8,316,890 more per year than the religious vegetarian diet.
Dec!. S. Summersett in Support of Defs. ' Mot. Surnm. J. R. Bratton v. B. Curry, et al. e 07-2928 JSW

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4. . I am personally familiar with the food content of CDCR's meal plans. None of the 2

food·CDCR serves has contained any pork products or pork derivatives for the last seven years.

3 Additionally.Cf'Clc's religious vegetarian diet serves fish at least once a week in a dinner meal, 4 5 6

and. sometimes also serves tuna fish in lunch meals.
I declare under penalty of perjury that the foregoing is true and correct. Executed at Sacramento, California, on

.:ru..1lL }q , 2008.

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Departmental Food Manager
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Decl. S. Surnmcrsctt in Support of Dcfs.' Mot. Summ. J.

R. Bratton

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e 07-2928 JSW

.8. Curry, et al.

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