Fegans v. Norris

537 F.3d 897, 2008 U.S. App. LEXIS 17072, 2008 WL 3266653
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 11, 2008
Docket06-3473
StatusPublished
Cited by46 cases

This text of 537 F.3d 897 (Fegans v. Norris) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fegans v. Norris, 537 F.3d 897, 2008 U.S. App. LEXIS 17072, 2008 WL 3266653 (8th Cir. 2008).

Opinions

COLLOTON, Circuit Judge.

Michael J. Fegans, an inmate in Arkansas, brought this suit against the director of the Arkansas Department of Corrections (“ADC”), Larry Norris, and other prison officials, alleging violations of his rights under the First and Fourteenth Amendments, the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc-l et seq., the Arkansas Constitution, and the Arkansas Civil Rights Act. Fegans, a follower of the teaching of the Assemblies of Yahweh, claimed that the ADC’s failure to provide Kosher meals and a religious exemption from its grooming policy created a substantial burden on the exercise of his religious beliefs that could not be justified under federal or state law. The district court1 agreed with Fegans in part, ruling that Fegans had a clearly established constitutional right to receive Kosher meals and awarding him $1500 in damages. The district court disagreed, however, with Fe-gans’ challenge to the grooming policy, and determined that the policy was constitutional and consistent with RLUIPA. Fe-gans appeals both the amount of damages awarded and the district court’s decision on the grooming policy. We affirm.

I.

On December 12, 1991, Fegans was sentenced to 18 years’ imprisonment for four counts of aggravated robbery, one count of second degree battery, and one count of criminal attempt to escape. In 1994, Fe-gans received a major disciplinary sanction after attempting to escape and possessing a weapon and drugs. In that incident, Fegans was able to smuggle a firearm, shotgun shells, smoke grenades, marijuana, and a large amount of cash through an air-conditioning vent, and to have the items placed in a maintenance van to which he was assigned. (T. Tr. 293, 326). Fegans testified that around this same time, he underwent a religious conversion, inspired by the radio broadcasts of Jacob O. Meyer. Fegans began studying the teachings of Meyer and the Assemblies of Yahweh, a Christian sect which requires its members to follow Old Testament law. Fegans eventually concluded that he should follow a Kosher diet and refrain from “rounding the corners” of his hair and beard.

Fegans stopped trimming his hair and beard in 1995. In June 1997, Fegans formally notified the ADC that he was a follower of the Assemblies of Yahweh and began requesting a Kosher diet. While the ADC’s policy at the time apparently allowed Fegans to wear his hair and beard as he wished, the ADC advised Fegans that Kosher meals were not an option and placed him on a pork-free diet instead. Fegans protested the ADC’s meal policy, and eventually exhausted his administrative remedies on this claim.

On April 20, 1998, Director Norris issued Administrative Directive 98-04 (“AD 98-04”), which set forth a new grooming policy for all Arkansas prisons. The policy requires all male prisoners to keep their [901]*901hair above their ears and no longer than the middle of the nape of the neck in the back. The policy allows female prisoners to wear shoulder-length hair. A separate provision prevents male inmates from wearing “facial hair other than a neatly trimmed mustache,” but provides an exception for inmates diagnosed with dermatological problems, such as pseudofolliculi-tis barbae, a medical condition that causes painful bumps from shaving. Inmates with such a “diagnosed dermatological problem” are permitted to “wear facial hair,” provided that it is kept “no longer than 1/4 inch.” The policy’s stated purpose is “[t]o provide for the health and hygiene of incarcerated offenders, and to maintain a standard appearance throughout the period of incarceration, minimizing opportunities for disguise and for transport of contraband and weapons.” The policy went into effect immediately.

On April 28 and May 5, 1998, Fegans was approached by an ADC officer and ordered to get a haircut. Fegans refused, stating that cutting his hair was against his religion. The ADC issued Fegans a major disciplinary sanction for each refusal, and eventually transferred him from the Cummins Unit in Grady to the East Arkansas Regional Unit (“EARU”) in Briekeys. Fegans continued to resist the grooming policy while at the EARU, and continued to receive disciplinary reports as a result of his failure to comply. In an effort to secure compliance, the ADC gradually stripped Fegans of privileges and ultimately transferred him first to a maximum security cell and then to the Varner Supermax Unit.

Fegans brought suit against several ADC officials on March 14, 2008, claiming that the ADC’s failure to provide Kosher meals and a religious exemption to the grooming policy violated his constitutional rights and RLUIPA. Following a bench trial, the district court determined that Director Norris had violated Fegans’s firmly established constitutional right to receive Kosher meals. The court relied on its previous holding in Love v. Evans, 2:00-cv-0091 (E.D.Ark. Dec. 19, 2002), where it held that the ADC was required to accommodate an inmate’s requests for Kosher meals. Because the ADC did not begin providing Kosher meals until March 3, 2004, the district court found that Norris “knowingly violated established law requiring Kosher diets” from December 19, 2002, through March 3, 2004, and awarded Fe-gans $1500 in damages.

The district court found that Fe-gans had a sincere religious objection to the grooming policy, but rejected Fegans’s challenges to the policy. The court reasoned that this court’s decision in Hamilton v. Schriro, 74 F.3d 1545 (8th Cir.1996), foreclosed Fegans’s claims based on the First Amendment. The court also rejected Fegans’s challenge under RLUIPA, holding that the grooming policy served compelling state interests and was “no more restrictive than necessary to further its stated goals.” While Fegans testified that he would have been satisfied to abide by the women’s hair-length regulation, and thus implied that it presented a less restrictive means available to meet the ADC’s security concerns, the district court disagreed, finding that “[t]he security concerns attendant female inmates housed in a single unit are not as great.” The court rejected Fegans’s Equal Protection claim for the same reason, concluding that different security concerns presented by male and female inmate populations provide a sufficient basis for the distinction in the grooming regulations. The court also ruled that the defendants were immune from suit on the state law claims, because Fegans’s “conclusory allegations that Defendants acted with malice [were] not sup[902]*902ported by the evidence.” In this appeal of the district court’s judgment after a bench trial, we consider legal issues de novo and review the court’s finding of fact for clear error. Eckert v. Titan Tire Corp., 514 F.3d 801, 804 (8th Cir.2008).

II.

A.

Prison inmates retain constitutional rights protected by the First Amendment, including the right to free exercise of religion. O’Lone v. Shabazz, 482 U.S. 342, 348, 107 S.Ct. 2400, 96 L.Ed.2d 282 (1987). These rights are limited, however, by the fact of incarceration and valid penological objectives, such as deterrence of crime, rehabilitation of prisoners, and institutional security. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
537 F.3d 897, 2008 U.S. App. LEXIS 17072, 2008 WL 3266653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fegans-v-norris-ca8-2008.