Am. Humanist Ass'n v. Perry

303 F. Supp. 3d 421
CourtDistrict Court, E.D. North Carolina
DecidedMarch 28, 2018
DocketNO. 5:15–CT–3053–BO
StatusPublished
Cited by2 cases

This text of 303 F. Supp. 3d 421 (Am. Humanist Ass'n v. Perry) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Am. Humanist Ass'n v. Perry, 303 F. Supp. 3d 421 (E.D.N.C. 2018).

Opinion

TERRENCE W. BOYLE, United States District Judge

This matter is before the court upon the parties' cross-motions for summary judgment [DE-68, 83]. The issues raised have been fully briefed and are ripe for adjudication. For the following reasons, the court grants plaintiffs' motion for summary judgment and denies defendants' cross-motion for summary judgment.

STATEMENT OF THE CASE

On February 25, 2015, plaintiffs the American Humanist Association ("AHA")1 and Kwame Jamal Teague ("Teague") filed a complaint pursuant to 42 U.S.C. § 1983 against defendants Frank L. Perry, David Guice, George Solomon, Betty Brown, Gwen Norville, David Mitchell, and Sara R. Cobb in their official capacities only. Defendants are current and former2 employees of the North Carolina Department of Public Safety ("DPS"), and involved in policy decisions related to the recognition of faith groups in the state's prisons. Plaintiffs allege that the DPS's disparate treatment of Humanists violates the Establishment Clause of the First Amendment and Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Plaintiffs seek the entry of a declaratory judgment, permanent injunctive relief, nominal damages, and attorney's fees. Compl. [DE-1], p. 19-22. Specifically, plaintiffs seek the entry of a declaratory judgment finding, inter alia , that defendants' actions violated the Establishment and Equal Protection Clauses. Id. at 19-20. Similarly, plaintiffs request that the court enter a permanent injunction ordering, inter alia , DPS to recognize Humanism as a faith group and to authorize Humanists to meet in a study group on the same terms defendants authorize for inmates of recognized faith traditions. Id. at 20-21.

On July 28, 2017, the parties filed cross-motions for summary judgment [DE-68, 83]. Both motions were fully briefed, and the court conducted a hearing on January 24, 2018. These matters are now ripe for adjudication.

STATEMENT OF FACTS

Teague was a Humanist3 state inmate incarcerated at Lanesboro Correctional Institution *425("Lanesboro") when he filed this action, but subsequently transferred to Nash Correctional Institution ("Nash"). Inmates admitted into DPS custody are asked their religious preference during intake. Pl. Ex. 100 [DE-81-5], p. 12. These religious preferences are entered into the Offender Population Unified System ("OPUS"). Id. Inmates may change their OPUS faith group designation, but may only declare a faith group recognized by DPS. Id. at 1558-59.

DPS maintains a list of approved faith groups. Pl. Ex. 6 [DE-72-6], pp. 24-30. DPS provides approved faith groups the resources necessary for group study and worship. Id. Approved faith groups are provided time and space for group study and worship even when neither is a requirement of the religion. Id. DPS policy states that "[i]nmates shall not organize nor conduct group meetings without prior approval of the facility head or designee." Pl. Ex. 6 [DE-72-6], p. 6. There is no minimum number of inmates required for recognition as a faith group.4 Pl. Ex. 107 [DE-82-2], p. 39. Moreover, there are no written standards of any sort outlining the requirements for DPS to recognize a particular faith group. Pl. Ex. 107 [DE-82-2], p. 163. DPS does not recognize Humanism as a faith group. Def. Ex. C [DE-86-3]. Thus, at present, a Humanist inmate cannot assemble with other Humanist inmates to study and discuss Humanist values. Pl. Ex. 107 [DE-82-2], p. 58. Likewise, an inmate cannot designate Humanism as his preferred faith group in OPUS.

Teague first sought recognition of Humanism from DPS officials in 2012.5 Def. Ex. A [DE-86-1], p. 59. After fully exhausting his administrative remedies, Teague was instructed to complete a "Request for Religious Assistance Form (DC-572)." Pl. Ex. 27 [DE-74-2], p. 1. Teague submitted a form DC-572 on September 18, 2012. Pl. Ex. 37 [DE-75-2]. In January 2013, DPS's Religious Practices Committee ("RPC") denied Teague's requests. Def. Ex. C [DE-86-3], p. 6. In support of its decision, the RPC noted: (1) it could not find a contact person for Humanism; (2) Humanism appeared to "be a philosophy of life" rather than a religion; (3) Humanist websites focused more on advocacy than faith practices; (4) Teague was represented by an attorney who worked for an advocacy group; (5) Teague was still listed in OPUS as a Muslim; and (6) Teague participated in religious services provided by other faiths. Id.

The RPC met again on March 5, 2013, to reconsider recognition of Humanism as a faith group. Pl. Ex. 50 [DE-76-5]. First, the RPC noted that Teague's request for recognition of Humanism was moot because Teague was now listed in OPUS as a Buddhist. Id. at 2. That notwithstanding, the RPC further concluded that Humanism failed to meet the standards for approval as a faith group "because there are many disciplines of Humanism," and *426"[t]here is no evidence ... to conclude that there is a religious structure that includes a hierarchy of religious leaders." Id. at 3. Id. The RPC, however, acknowledged that Humanism promoted "a life of personal fulfillment that aspires to the greater good of humanity," and did not pose a security threat. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

DIAMOND v. ODEDERE
M.D. North Carolina, 2024
Benham v. City of Charlotte
W.D. North Carolina, 2021

Cite This Page — Counsel Stack

Bluebook (online)
303 F. Supp. 3d 421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/am-humanist-assn-v-perry-nced-2018.