Goodvine v. Swiekatowski

594 F. Supp. 2d 1049, 2009 U.S. Dist. LEXIS 6946, 2009 WL 222086
CourtDistrict Court, W.D. Wisconsin
DecidedJanuary 26, 2009
Docket08-CV-702-BBC
StatusPublished
Cited by12 cases

This text of 594 F. Supp. 2d 1049 (Goodvine v. Swiekatowski) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodvine v. Swiekatowski, 594 F. Supp. 2d 1049, 2009 U.S. Dist. LEXIS 6946, 2009 WL 222086 (W.D. Wis. 2009).

Opinion

OPINION and ORDER

BARBARA B. CRABB, District Judge.

In this proposed prisoner civil rights action under 42 U.S.C. § 1983, the Religious Land Use and Institutionalized Persons Act and state law, petitioner Christopher Goodvine contends that prison officials at the Green Bay Correctional Institution are preventing him from practicing his Muslim faith in various ways and discriminating against him because of his religion. Petitioner seeks leave to proceed in forma pauperis under 28 U.S.C. § 1915 and has made an initial partial payment as directed by the court under § 1915(b)(1).

Because petitioner is a prisoner, I am required under the 1996 Prison Litigation Reform Act to screen his complaint and dismiss any claims that are legally frivolous, malicious, fail to state a claim upon which relief may be granted or ask for money damages from a defendant who by law cannot be sued for money damages. 28 U.S.C. §§ 1915 and 1915A. Having reviewed petitioner’s complaint, I conclude that he may proceed on the following claims:

(1) respondents Swiekatowski, Cooper, Mosher, Mohr, Pollard, Gozinske, Raem-iseh, Bett, Westfield, Ericksen and Frank violated his rights under RLUIPA by refusing to allow him to keep more than one religious text while in segregation;

(2) respondent Donovan violated his rights under the establishment clause and the equal protection clause by refusing to provide him with a copy of the Qur’an while providing Bibles to Christian prisoners;

(3) respondent Swiekatowski violated his rights under RLUIPA by prohibiting him from ordering his own copy of the Qur’an;

(4) respondents Donovan, Mosher, Pollard, Mohr, Gozinske, Raemisch and Lund-quist are violating his rights under RLUI-PA by denying his request for a halal diet;

(5) respondents Donovan, Mosher, Lundquist, Pollard, Mohr, Gozinske and Raemisch are violating his rights under the equal protection clause and the establishment clause by refusing to modify his meal schedule to accommodate his fasting even though they modify meal schedules for Christians who wish to fast;

*1054 (6) respondent Donovan is violating his rights under the establishment clause and equal protection clause by conducting research to assist Christian prisoners in practicing their religion but refusing to help petitioner identify the proper direction for prayer under his religion.

Petitioner’s other federal claims will be dismissed for his failure to state a claim upon which relief may be granted.

In the body of his complaint, petitioner does not say why he is suing the Wisconsin Department of Corrections or the Division of Adult Institutions. Although petitioner may not sue state agencies under § 1983, Will v. Michigan Department of State Police, 491 U.S. 58, 109 S.Ct. 2804, 105 L.Ed.2d 45 (1989), he may do so under RLUIPA, 42 U.S.C. §§ 2000cc-2(a) & 2000CC-5, so I assume that he means to sue the Department of Corrections for each of his RLUIPA claims. However, because the Department of Corrections encompasses the Division of Adult Institutions, it is unnecessary to sue them separately, so I will the dismiss the complaint as to the division.

Also, I must dismiss the claims petitioner raises under Wis. Stat. § 301.33 and the Wisconsin Constitution. Section 301.33 imposes certain requirements on prison officials to accommodate prisoners’ religious exercise, but petitioner cannot sue under that statute because it does not create a private right of action. Kranzush v. Badger State Mutual Casualty Co., 103 Wis.2d 56, 74-79, 307 N.W.2d 256, 266-68 (1981) (right of action to enforce statute or regulation does not exist unless directed or implied by legislature). If he wishes to enforce the statute, his only option is to file a writ of certiorari in state court. Outagamie County v. Smith, 38 Wis.2d 24, 34, 155 N.W.2d 639, 645 (1968) (with respect to laws that are not made enforceable by statute expressly, action is reviewable only by certiorari).

The state constitution does not authorize suits for money damages except in the context of a takings claim. W.H. Pugh Coal Co. v. State, 157 Wis.2d 620, 634-35, 460 N.W.2d 787, 792-93 (1990) (holding that plaintiff could sue state for money damages arising from an unconstitutional taking of property because article I, section 13 of the Wisconsin Constitution requires that state provide “just compensation” when property is taken); Jackson v. Gerl, 2008 WL 753919, *6 (W.D.Wis.2008) (“Other than one very limited exception inapplicable to this case, I am not aware of any state law provision that allows an individual to sue state officials for money damages arising from a violation of the Wisconsin Constitution.”) To the extent petitioner is seeking injunctive relief under the state constitution, principles of sovereign immunity prevent this court from granting that relief. Pennhurst State School & Hospital v. Halderman, 465 U.S. 89, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) (holding that state sovereign immunity prohibits federal courts from ordering state officials to conform their conduct to state law). Thus, if petitioner wishes to obtain an injunction under the state constitution, he must do so in state court.

In addressing any pro se litigant’s complaint, the court must construe the complaint liberally. Haines v. Kerner, 404 U.S. 519, 521, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). In his complaint, petitioner fairly alleges the following facts.

ALLEGATIONS OF FACT

A. Limitation on Publications

Petitioner Christopher Goodvine is a Sunni Muslim incarcerated in the segregation unit at the Green Bay Correctional Facility. In 2007, he asked respondent *1055 William Swiekatowski (the security supervisor) and respondent Sarah Cooper (the program supervisor) to allow him to keep two folders of loose leaf tariqah materials in his cell. Petitioner uses these materials to “follow his daily lessons” for practicing his religion. However, respondent Swiek-atowski “would put it off on [respondent] Cooper and she on him.”

When petitioner wrote to the prison chaplain, respondent M.

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Cite This Page — Counsel Stack

Bluebook (online)
594 F. Supp. 2d 1049, 2009 U.S. Dist. LEXIS 6946, 2009 WL 222086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodvine-v-swiekatowski-wiwd-2009.