Holland v. Goord

758 F.3d 215, 2014 U.S. App. LEXIS 13142, 2014 WL 3360615
CourtCourt of Appeals for the Second Circuit
DecidedJuly 10, 2014
DocketNo. 13-2694-PR
StatusPublished
Cited by200 cases

This text of 758 F.3d 215 (Holland v. Goord) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Goord, 758 F.3d 215, 2014 U.S. App. LEXIS 13142, 2014 WL 3360615 (2d Cir. 2014).

Opinion

DEBRA ANN LIVINGSTON, Circuit Judge:

Plaintiff-Appellant Darryl Holland (“Holland”), an inmate and practicing Muslim, asserts that defendant prison officials Glenn Goord, Anthony J. Annuei, Anthony F. Zon, Thomas Schoellkopf, John Barb-era, and Martin Kearney collectively, (“Ap-pellees”) 1 unconstitutionally burdened his religious exercise when they ordered him to provide a urine sample within a three-hour window — the time limit then permitted by prison regulations — while Holland fasted in observance of Ramadan, the holy month during which Muslims refrain from ingesting food and drink during daylight hours. Though Holland cited his fast to explain why he could not comply with the order or drink water to aid his compliance, Appellees did not permit Holland an op[218]*218portunity to provide a urine sample after sunset when his fast had ended. Instead, when Holland failed timely to produce a sample, he was ordered confined in keep-lock.2 In this ensuing lawsuit, Holland asserts that Appellees’ order and disciplinary action infringed his rights under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc et seq. Holland also asserts that his inability to call a witness during a subsequent disciplinary hearing resulted in a denial of due process under the Fourteenth Amendment, and that his confinement in keeplock amounted to First Amendment retaliation. Holland seeks damages and injunctive relief.

Following cross-motions for summary judgment, the district court (Telesca, J.) entered judgment in favor of Appellees. Significantly, the district court held that Holland could not prevail on his First Amendment free exercise and RLUIPA claims because Appellees’ conduct had placed only a de minimis burden on Holland’s religious exercise. See Holland v. Goord, No. 05 Civ. 6295(MAT), 2013 WL 3148324, at *11-12 (W.D.N.Y. June 19, 2013). The district court also ruled that, in the alternative, Appellees were entitled to qualified immunity as to Holland’s free exercise claims because Holland’s right to an exception from the three-hour limit had not been clearly established at the time the order was given. Id. at *8-10. Further, the district court noted that RLUIPA does not support Holland’s claim for money damages, id. at *7; it dismissed Holland’s due process claim on the ground that Holland lacked a liberty interest in avoiding keeplock, id. at *5-6; and, finally, the court concluded that Holland’s First Amendment retaliation claim was properly dismissed because Holland failed to raise any issue as to a retaliatory motive underlying his keeplock confinement, id. at *13-14.

On appeal, we conclude that the choice either to provide a urine sample by drinking water during his fast or to face disciplinary action placed a substantial burden on Holland’s religious exercise. Accordingly, we vacate the district court’s judgment insofar as it concerns Holland’s claim for damages under the First Amendment’s Free Exercise Clause and remand for further consideration of this claim. We affirm the remainder of the judgment, albeit largely on alternate grounds.

Background

A. Facts

Holland was incarcerated in Wende Correctional Facility (“Wende”) from 1999 until 2005, during which time he converted to Islam. On November 20, 2003, Martin Kearney, a captain at Wende, purportedly received information that Holland was using drugs and directed John Barbera, a correctional officer at Wende, to obtain a urine sample from him. At the time, New York State Department of Correctional Services (“DOCS”) Directive 4937 required that inmates provide a urine sample within three hours of being ordered to do so, without exception. The Directive also provided that inmates could be given up to eight ounces of water per hour during the three-hour time span to assist in their production. On Kearney’s order, Barbera directed Holland to provide a urine sample. However, Holland stated that he was unable to do so, citing his fast in observ-[219]*219anee of Ramadan. Holland also refused water on those grounds. Though Holland offered to drink water and provide a sample after sunset, when his fast had ended, Barbera declined to permit an exception to the Directive. After three hours had elapsed and Holland had failed to comply with the order, Barbera issued a misbehavior report charging Holland with violating the urinalysis guidelines and defying a direct order. Holland was then placed in keeplock pending a disciplinary hearing on the matter.

At that hearing, Holland testified that he had been unable to provide a sample when he was ordered to do so because he could not drink water prior to sunset during Ramadan. Holland also requested that his imam be permitted to attest to these beliefs; however, Thomas Schoell-kopf, a hearing officer at Wende, refused to permit the witness, stating that it was unnecessary to call the imam given that he had not been present at the incident and that his testimony regarding the practice of Muslims observing the Ramadan fast would be duplicative of Holland’s. Following this exchange, Schoellkopf found Holland guilty of violating the urinalysis guidelines, stating that he was “not aware of any religious exceptions such as Ramadan that excuse[ ] ... participation in drug testing.” Schoellkopf also found Holland not guilty of the charge that he failed to comply with a direct order, stating that his “more lenient disposition” was an attempt to “encourage [Holland] to follow the urinalysis guidelines in the future.” In light of the guilty disposition on the urinalysis charge, Schoellkopf sentenced Holland to 90 days in keeplock, as well as 90 days of lost privileges.

Holland initiated several administrative appeals of the verdict from keeplock and sent a letter to Anthony F. Zon, the then-Superintendent of Wende, informing him of the sentence. Holland’s imam also sent a memorandum to Kearney, reaffirming Holland’s beliefs, questioning why Holland had not been permitted to provide a sample after sunset, and asking Kearney to “look into” the matter. While Holland’s initial appeals were resolved in his favor— with Zon determining on January 21, 2004 that “[u]rinalysis testing could be taken after sunset” — Holland was not immediately released from keeplock. Instead, Holland further appealed his claims until, on February 5, 2004, the Director of Special Housing/Inmate Discipline working under then-DOCS Commissioner Glenn Goord reversed and expunged the disciplinary action, citing Schoellkopfs failure to elicit relevant testimony from Holland’s imam. Holland was released from keeplock that day, after serving 77 days in detention. While in keeplock, Holland was confined to his cell for 23 hours each day, was barred from attending Islamic services, including the Eid ul-Fitr feast celebrating the end of Ramadan, allegedly received “punishment trays” containing meager portions, and lost his seniority and higher wage job at Wende.

B. Procedural History

Holland filed the underlying action pro se in June 2005. After his complaint survived two motions to dismiss, see Holland v. Goord, No. 05 Civ. 6295(CJS), 2007 WL 2789837 (W.D.N.Y. Sept. 24, 2007); Holland v. Goord, No. 05 Civ. 6295(CJS), 2006 WL 1983382 (W.D.N.Y. July 13, 2006), Holland was appointed counsel and filed a second amended complaint, asserting under 42 U.S.C.

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Bluebook (online)
758 F.3d 215, 2014 U.S. App. LEXIS 13142, 2014 WL 3360615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-goord-ca2-2014.