Hopkins v. Garcia

District Court, N.D. Iowa·Decided March 29, 2023·No. 5:21-cv-04010·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

DUSTY HOPKINS, et al., No. C21-4010-LTS Plaintiffs, vs. MEMORANDUM KELLY GARCIA, et al., OPINION AND ORDER Defendants. ___________________________

I. INTRODUCTION This case is before me on defendants’ motion (Doc. 17) for summary judgment. Plaintiffs did not file a resistance. Oral argument is not necessary. See Local Rule 7(c).

II. PROCEDURAL HISTORY On February 16, 2021, the six plaintiffs, patients at the Civil Commitment Unit for Sexual Offenders (CCUSO) in Cherokee, Iowa, filed the present complaint (Doc. 11). Each plaintiff also filed a motion to proceed in forma pauperis. Docs. 1-6. In their complaint, plaintiffs state they practice a pagan religion but are not allowed the same rights as persons who practice other religions at CCUSO. Specifically, they state that: (1) following religious ceremonies they are not allowed to keep left over food (but other religions can keep leftover food); (2) they are not allowed religious texts with graphic depictions to the same extent as other religions; (3) they do not have access to a “sacred spot” for religious services nor are they allowed to light candles during their ceremonies. On September 28, 2021, I entered an order granting plaintiffs’ motions to proceed in forma pauperis and allowing their claim to proceed. Doc. 11. I wrote: Those in the custody of the state “do not forfeit all constitutional protections by reason of their conviction and confinement in prison.” O’Lone v. Estate of Shabazz, 482 U.S. 342, 348 (1987) (quoting Bell v. Wolfish, 441 U.S. 520, 545 (1979)). To determine whether a CCUSO regulation violates a patients’ religious rights, courts employ the four-factor Turner test. See Love v. Reed, 216 F.3d 682, 690 (8th Cir. 2000), citing Turner v. Safley, 482 U.S. 78 (1987). That standard requires a determination about the institutional interest in the potentially discriminatory regulation, which is a determination I cannot make at this early stage of the case. I therefore find that plaintiffs’ allegations are sufficient to survive summary dismissal. See Thompson v. Vilsack, 328 F. Supp. 2d 974, 979 (S.D. Iowa 2004) (setting out the appropriate standard for claims that state defendants violated plaintiffs’ religious rights at CCUSO.)

Doc. 11 at 6. Defendants filed an answer (Doc. 15) on November 23, 2021. Defendants later filed a motion for summary judgment, along with a brief, statement of material facts and an appendix. Docs. 17, 17-1, 17-2, 19. As noted above, plaintiffs have not filed a resistance.

III. RELEVANT FACTS Plaintiffs did not respond to defendants’ statement (Doc. 17-1) of undisputed facts. “[A] failure to respond to an individual statement of material fact, with appropriate appendix citations, may constitute an admission of that fact.” See LR 56(b); see also Fed. R. Civ. P. 56(e). Therefore, I will treat as admitted all the facts set forth in defendants’ statement. The following facts are undisputed: Defendant Kelly Garcia is the Director of the Department of Human Services (DHS). Defendant Cory Turner is the superintendent and defendant Brad Wittrock is the deputy superintendent of CCUSO. Turner is involved in reviewing grievances. Wittrock is involved in crafting rules. The remaining defendants hold various positions at CCUSO and were involved in the grievance process, issuing behavioral citations and making decisions related to religious ceremonies and items. Plaintiffs were, at the time they filed this case, patients at CCUSO. Although they filed a single complaint, the statement of undisputed facts (Doc. 17-1) and appendix upon which it is based (Doc. 19) make clear that there is a divergent set of beliefs among the plaintiffs. Plaintiff Beckman considers himself spiritual but studies the Luciferian religion. Plaintiff Burse identifies as a practicing Luciferian.1 Plaintiff Cook considers himself a spiritualist studying the Luciferian religion and vampirism. Plaintiff Halstead considers himself Catholic but helps with Luciferian ceremonies. Plaintiff Hopkins is a Luciferian. Plaintiff Jackson considers himself a spiritualist who studies the Luciferian religion. There are 12 different religious groups at CCUSO that require space for ceremonies and worship: Christians, Jews, Muslims, Wiccans, Shadow of Light/Wiccans, Luciferians, Mormons, Catholics, Native Americans, Buddists, Asatrus, and Seventh Day Adventists. CCUSO uses a schedule to provide each group exclusive space and time to worship. Luciferians use the computer lab as their ceremonial space and are given exclusive use of it during their ceremonies. The plaintiffs disagree about whether they would prefer a space that is used exclusively for Luciferian purposes. Several said the computer lab was adequate, while plaintiff Hopkins stated that Luciferian law requires an exclusive space. However, Hopkins could not provide any citation for that statement. Regardless, CCUSO does not have enough space to give each religion its own exclusive space. The Luciferians do have an exclusive storage space to keep their religious items. Another issue relates ceremonial religious items. Because CCUSO is a secure treatment facility for sex offenders, items that are dangerous are not permitted, nor are depictions of nudity. The process for CCUSO patients to request religious items is to submit a request to defendant Dinnelli, the facilities’ chaplain, and she determines if an

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