Jones v. Hobbs

864 F. Supp. 2d 808, 2012 U.S. Dist. LEXIS 48134, 2012 WL 1150868
CourtDistrict Court, E.D. Arkansas
DecidedApril 5, 2012
DocketNo. 5:09CV00157 JLH
StatusPublished

This text of 864 F. Supp. 2d 808 (Jones v. Hobbs) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Hobbs, 864 F. Supp. 2d 808, 2012 U.S. Dist. LEXIS 48134, 2012 WL 1150868 (E.D. Ark. 2012).

Opinion

OPINION AND ORDER

J. LEON HOLMES, District Judge.

Larry Jones brings this action against Ray Hobbs, the Chief Deputy Director of the Arkansas Department of Correction, Charles Freyder, a Department of Correction chaplain, and other officers of the Department of Correction, alleging violations of his rights under the free exercise and free speech clauses of the First Amendment, the Fourteenth Amendment, [810]*810and the Religious Land Use and Institutionalized Persons Act. The defendants previously moved for summary judgment, and the Court adopted the magistrate judge’s proposed findings and recommended partial disposition dismissing a number of Jones’ claims as well as two of the defendants. Consequently, Jones’ only remaining claims are those asserted against Hobbs and Freyder, in their official and individual capacities, for denying his request for a special religious diet for sixteen months in violation of the free exercise clause. The defendants have moved for summary judgment a second time. The magistrate judge recommends that the motion be granted in part and denied in part. The defendants have entered objections to the proposed findings and recommendations. For the following reasons, the defendants’ objections are overruled and the motion for summary judgment is granted in part and denied in part.

I.

It is undisputed that, in January of 2007, Jones became a non-denominational Christian and requested a modified diet that would accord with his religious tenets. Jones testified that his religious beliefs require him to abstain from animal products or any food that has touched a tray or plate that also contains animal products. Prior to 2007, Jones received a vegan diet — which, when combined with the prison’s vegetarian diet, was equivalent to the diet required, by his religious beliefs— based on a medical prescription for a food allergy. However, his prescription expired in January of 2007 and he was denied his requested diet. As noted, a vegetarian diet was available, but included butter, cheese, and eggs, which was unacceptable and which, thereby, rendered the acceptable part also forbidden. In April of 2008, Jones was provided with a diet that complied with his religious restrictions.1 He concedes that he cannot offer any evidence that he suffered a physical injury as a result of the prison’s refusal to provide him with the requested religious diet.2

II.

A court should enter summary judgment if the evidence demonstrates that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ.P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S. Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). The moving party bears the initial responsibility of demonstrating the absence of a genuine dispute of material fact. Celotex [811]*811Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). If the moving party meets this burden, the nonmoving party must respond by coming forward with specific facts establishing a genuine dispute for trial. Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir.2011) (en banc). In deciding a motion for summary judgment, a court views the evidence in the light most favorable to the nonmoving party and draws all reasonable inferences in that party’s favor. PHL Variable Ins. Co. v. Fulbright McNeill, Inc., 519 F.3d 825, 828 (8th Cir.2008). A genuine dispute exists only if the evidence is sufficient to allow a jury to return a verdict for the nonmoving party. Anderson, 477 U.S. at 249, 106 S.Ct. at 2511. When a nonmoving party cannot make an adequate showing sufficient to establish a necessary element of the case on which that party bears the burden of proof, the moving party is entitled to judgment as a matter of law. Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. at 2552.

III.

The defendants contend that they are entitled to summary judgment because qualified immunity bars Jones’ free exercise claims asserted against them in their individual capacities, the Prison Litigation Reform Act bars Jones’ request for monetary damages, and the Eleventh Amendment bars Jones’ claims for monetary damages brought against them in their official capacities. The magistrate concluded that the defendants were not entitled to summary judgment based on qualified immunity or the PLRA. However, the magistrate found that the defendants were entitled to summary judgment on the official capacity claims for monetary damages. The defendants have filed objections to the magistrate’s proposed findings and recommendations. Upon a de novo review of the record and for the reasons discussed below, the Court concludes that summary judgment is not appropriate as to the defendants’ qualified immunity defense or based on their PLRA argument.

A. Qualified Immunity

As the magistrate explained, the defendants are entitled to qualified immunity unless they violated a statutory or constitutional right which was “clearly established” at the time. Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct. 2074, 2080, 179 L.Ed.2d 1149 (2011). In the context of a free exercise claim, the Court must first address “the threshold issue of whether the challenged governmental action ‘infringes upon a sincerely held religious belief.]’ ” Murphy v. Mo. Dep’t of Corr., 372 F.3d 979, 983 (8th Cir.2004) (quoting Hamilton v. Schriro, 74 F.3d 1545, 1550 (8th Cir.1996)). If so, the Court then applies the Supreme Court’s Turner factors to determine if the regulation restricting the religious practice is “reasonably related to legitimate penological interests.” Gladson v. Iowa Dep’t of Corr., 551 F.3d 825, 831 (8th Cir.2009) (internal quotation marks omitted) (quoting Murphy, 372 F.3d at 982 (quoting Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 2261, 96 L.Ed.2d 64 (1987))). The four factors that guide the Court’s analysis are: (1) whether there is a valid rational connection between the prison regulation and the government interest in justifying it; (2) whether there is an alternative means of exercising the right that remain open to prison inmates; (3) whether the accommodation will have a significant “ripple effect” on guards and other inmates and on the allocation of prison resources; and (4) whether there is an alternative that fully accommodates the prisoner at de minimis cost to valid penological interest. Turner, 482 U.S. at 90, 107 S.Ct. 2254. If the impediment is not reasonably related to legitimate penological interests and, consequently, the defendants violated Jones’ [812]*812statutory or constitutional rights, then the Court must determine whether the violated right was “clearly established.”

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Turner v. Safley
482 U.S. 78 (Supreme Court, 1987)
O'Lone v. Estate of Shabazz
482 U.S. 342 (Supreme Court, 1987)
Torgerson v. City of Rochester
643 F.3d 1031 (Eighth Circuit, 2010)
Joe Lowell McElyea Jr. v. Governor Bruce Babbitt
833 F.2d 196 (Ninth Circuit, 1987)
PHL Variable Insurance v. Fulbright McNeill, Inc.
519 F.3d 825 (Eighth Circuit, 2008)
Gladson v. Iowa Department of Corrections
551 F.3d 825 (Eighth Circuit, 2009)
Ashcroft v. al-Kidd
179 L. Ed. 2d 1149 (Supreme Court, 2011)
Floyd v. Trice
490 F.2d 1154 (Eighth Circuit, 1974)
Iron Eyes v. Henry
907 F.2d 810 (Eighth Circuit, 1990)

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Bluebook (online)
864 F. Supp. 2d 808, 2012 U.S. Dist. LEXIS 48134, 2012 WL 1150868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-hobbs-ared-2012.