James M. Thompson v. Commonwealth of Kentucky

712 F.2d 1078
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 26, 1983
Docket81-5156
StatusPublished
Cited by36 cases

This text of 712 F.2d 1078 (James M. Thompson v. Commonwealth of Kentucky) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James M. Thompson v. Commonwealth of Kentucky, 712 F.2d 1078 (6th Cir. 1983).

Opinions

MERRITT, Circuit Judge.

In this prisoners’ rights case,1 the plaintiffs — Muslim inmates who follow the Islamic religion — claim that the defendants have infringed their First Amendment right to freedom of religion by denying equal religious liberty and have engaged in religious discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment. Upon cross-motions for summary judgment, the District Court found that no issues of material fact remained in dispute and awarded judgment in favor of the defendants. Plaintiffs appeal that decision, contending that a material issue — the actual number of inmates who regularly use the prison chapel — must still be determined. Because we do not believe that the case requires such a determination, we affirm the judgment of the District Court.

The District Court rejected the Muslim inmates’ claims that the prison officials acted unconstitutionally in restricting plaintiffs’ opportunities for group prayer and allocating facilities and funds among the various religious groups represented in the prison. These claims stem from the following undisputed allegations: that the prison administrators have allocated 23 V2 hours of chapel time per week for Christian groups while setting aside only 6V2 hours per week for the Muslim inmates; and that the institution has hired one part-time and two full-time Christian Chaplains (all three of whom are Baptists) while providing no funds for a Muslim leader. Thus the basic claims in the case involve equality of treatment.

Although the prison administration had formerly given the Muslim inmates access to a room where they could meet for group prayer, the District Court found that demands by several other religious groups for similar rooms had prompted the administration to revoke plaintiffs’ special room privileges in order to preserve equal treatment of all religions. The administration did, however, allow the Muslims to meet regularly for group prayer outside the chapel. The District Court found that approximately 25 Muslim inmates use the chapel. Citing Chaplain Dent’s deposition that approximately 190 inmates “are involved in some way in the chapel,” the court concluded that the difference in the amounts of time allocated to the Christian and Muslim groups did not amount to a deprivation of the latter’s First Amendment right to exercise their religion, especially in view of one of the named plaintiffs’ testimony that the Muslim inmates could fulfill their prayer obligations by praying together in the dormitories.

Similarly, the District Court found that the prison’s policy regarding the allocation of chapel time and funds for religious activities did not violate the Equal Protection [1080]*1080Clause because the allocations reflected the different numbers of Christians and Muslims who used the chapel. The court further observed that the prison policy of denying the Muslims a separate room for group prayer actually represented an attempt to treat all religious groups equally. Accordingly, the court found that the plaintiffs had failed to demonstrate any discrimination by the prison authorities against the Muslim religion.

Plaintiffs renew both the free exercise and the equal protection arguments on appeal. They have not, however, argued that defendants’ manner of allocation of resources for religious activities constitutes a violation of the Establishment Clause of the First Amendment, and we, therefore, do not reach this issue. The question whether Kentucky has imposed the Baptist denomination of the Christian religion on the inmates at the LaGrange Reformatory by hiring only Baptist ministers and has thereby violated the Establishment Clause, see A. Schwartz, No Imposition of Religion: The Establishment Clause Value, 77 Yale L.J. 692, 720 (1968), leads into a difficult area, an area of tension between the Free Exercise and Establishment Clauses of the First Amendment. See L. Tribe, American Constitutional Law 815 (1978) (noting First Amendment difficulty presented by government’s employment of military chaplains). We, therefore, confine ourselves to consideration of the narrow free exercise and equal protection arguments that plaintiffs have presented to us and reserve other questions for another day.

Free Exercise Claim

While in prison, inmates retain certain constitutional rights, including the right to exercise their religious beliefs. Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972); Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964). However, the proposition that “inmates retain certain constitutional rights does not mean that these rights are not subject to restrictions and limitations.” Bell v. Wolfish, 441 U.S. 520, 545, 99 S.Ct. 1861,1877, 60 L.Ed.2d 447 (1979). Although prisoners obviously do not retain the same freedom to exercise their religion as they would in the world outside the prison, they may not be denied basic rights of conscience.

In Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972), the Supreme Court reversed the dismissal of a complaint alleging that prison officials had denied a Buddhist inmate access to the prison chapel; had placed him in solitary confinement on a diet of bread and water for two weeks because he had shared his Buddhist religious material with other inmates; and had prohibited him from corresponding with his religious advisor. The Court held that Cruz’s complaint stated a cause of action under the Free Exercise Clause. Similarly, in Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964), the Court recognized a cause of action on the part of an inmate who claimed that, because of his religious beliefs, he had been denied permission to purchase certain religious publications and other privileges accorded other inmates.

In the instant case, by contrast, plaintiffs do not claim that they have been denied the opportunity to practice their religion or that they have incurred punishment for doing so. On the contrary, plaintiffs concede that they are permitted to use the chapel 6V2 hours per week and that the administration admits a Muslim leader from outside the prison to assist them in practicing their religion. See Deposition of Kevin Louis Jones, a/k/a Farid Abdul Rashid Muhammad at 59. Because plaintiffs have not been denied any basic right of conscience, we hold that they have failed to demonstrate any violation of the Free Exercise Clause. That provision does not require the prison officials to grant the Muslim inmates more than 6V2 hours of chapel time per week. Nor does it require the defendants to provide a Muslim leader at state expense any more than it requires them to provide a Catholic Priest or a Jewish rabbi or a minister for all of the various denominations of the Protestant religion. See Bethea v. Daggett, 329 F.Supp. 796 (N.D.Ga.l970), aff’d [1081]*1081per cunam, 444 F.2d 112 (5th Cir.1971) (no free exercise violation where Muslim inmates permitted to hold two meetings per week, select one of their number to serve as religious leader, and reproduce and distribute religious materials).

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Bluebook (online)
712 F.2d 1078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-m-thompson-v-commonwealth-of-kentucky-ca6-1983.