Jones v. Western Tidwater Regional Jail

187 F. Supp. 3d 648, 2016 WL 2726197
CourtDistrict Court, E.D. Virginia
DecidedMay 6, 2016
DocketACTION NO. 2:15cv316
StatusPublished
Cited by20 cases

This text of 187 F. Supp. 3d 648 (Jones v. Western Tidwater Regional Jail) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Western Tidwater Regional Jail, 187 F. Supp. 3d 648, 2016 WL 2726197 (E.D. Va. 2016).

Opinion

MEMORANDUM ORDER

Mark S. Davis, UNITED STATES DISTRICT JUDGE

Plaintiff, a federal inmate, filed this pro se action pursuant to 42 U.S.C. §§ 1981, 1983, and 1985 to redress alleged violations of his constitutional rights while he was a pretrial detainee at the Western Tidewater Regional Jail (“WTRJ”). Relevant to this Order, Plaintiff 'asserts that Defendants Aramark1 and Ken Peare2 (collectively, “Defendants”) violated his First and Eighth Amendment rights, as well as his rights under the Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. §§ 2000bb et seq., by failing to provide him with a diet consistent with his Rastafarian religion and by failing to provide a diet consistent with his medical needs. (Second Am. Compl. at 4-5, ECF No. 46.) Plaintiff seeks monetary damages, as well as de[652]*652claratory and injunctive relief. (Id. at 11-12.)

I. Procedural History

By Order entered on July 23, 2015, the Court directed Plaintiff to respond to interrogatories designed to particularize his claims. (ECF No. 4.) In response to the Court’s Order, Plaintiff filed an Amended Complaint. (ECF No. 6.) Subsequently, Defendants WTRJ and Parham filed a motion for summary judgment. (ECF No. 28.) By Order entered on February 17, 2016, the Court granted the motion for summary judgment filed by WTRJ and Parham, and dismissed Plaintiffs claims pursuant to 42 U.S.C. §§ 1981 and 1985. (ECF No. 44 at 9.) The Coui't also denied Plaintiffs request for leave to amend his Amended Complaint without prejudice to Plaintiffs “right to file a motion for leave to amend that is accompanied by the proposed Amendment.” (Id.) Finally, the Court ordered that any party who had appeared and who desired to file a disposi-tive motion should do so within forty-five (45) days. (Id.)

The Court received Plaintiffs Second Amended Complaint on February 22, 2016. (ECF No. 46.) By Order entered on February 25, 2016, the Court granted Plaintiff s request for leave to amend to add Doctors Graham and Butler as Defendants. (ECF No. 47.) Subsequently, Plaintiff filed a motion for summary judgment regarding his claims against Defendants Ar-amark and Peare. (ECF No. 48.) On March 21, 2016, Defendants filed an opposition to Plaintiffs motion (ECF No. 50), and also filed their own motion for summary judgment, and a memorandum and affidavit in support thereof (ECF Nos. 50, 51, 52). Pursuant to Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir.1975), Plaintiff was given an opportunity to respond to the motion with any material that he wished to offer in rebuttal. Plaintiff was advised that failure to submit any materials could result in an adverse judgment based on the motion and accompanying affidavits and exhibits. Plaintiff then submitted a response. The motions are now ripe for judicial consideration.3

II. Summary Judgment Standard

Summary judgment is appropriate only when a court, viewing the record as a whole and in the light most favorable to the nonmoving party, determines that there exists “no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Seabulk Offshore, Ltd. v. Am. Home Assurance Co., 377 F.3d 408, 418 (4th Cir.2004). The moving party has the initial burden to show the absence of an essential element of the nonmoving party’s case and to demonstrate that the moving party is entitled to judgment as a matter of law. Honor v. Booz-Allen & Hamilton, Inc., 383 F.3d 180, 185 (4th Cir.2004); McLean v. Patten Cmts., Inc., 332 F.3d 714, 718 (4th Cir.2003); see Celotex Corp., 477 U.S. at 322-25, 106 S.Ct. 2548. When the moving party has met its burden to show that the evidence is insufficient to support the non-moving party’s case, the burden then shifts to the nonmoving party to present specific facts demonstrating that there is a genuine issue for trial. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Honor, 383 F.3d at 185; McLean, 332 F.3d at 718-19. Such facts must be [653]*653presented in the form of exhibits and sworn affidavits. Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2648; see also M & M Med. Supplies & Serv., Inc. v. Pleasant Valley Hosp., Inc., 981 F.2d 160, 163 (4th Cir.1993). Failure by a plaintiff to rebut a defendant’s motion with such evidence on his behalf will result in summary judgment when appropriate. “[T]he plain language of Rule 56(c) mandates the entry of summary judgment ... against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548.4

Although a court must draw all justifiable inferences in favor of the nonmoving party, in order to successfully defeat a motion for summary judgment, the non-moving party must rely on more than con-clusory allegations, “mere speculation,” the “building of one inference upon another,” the “mere existence of a scintilla of evidence,” or the appearance of “some metaphysical doubt” concerning a material fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Thompson v. Potomac Elec. Power Co., 312 F.3d 645, 649 (4th Cir.2002); Tao of Sys. Integration, Inc. v. Analytical Servs. & Materials, Inc., 330 F.Supp.2d 668, 671 (E.D.Va.2004). Rather, the evidence must be such that the fact-finder reasonably could find for the nonmoving party. See Anderson, 477 U.S. at 252, 106 S.Ct. 2505.

In support of their motion for summary judgment, Defendants have submitted an Affidavit from Wendy A. Johnson, a Registered Dietitian employed by Aramark (Mem. Supp. Defs.’ Mot. Summ. J. Ex. 1 (“Johnson Aft”), ECF No. 52-1).

At this stage, the Court must determine whether Plaintiff “has proffered sufficient proof, in the form of admissible evidence, that could carry the burden of proof of his claim at trial.” Mitchell v. Data Gen. Corp.,

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187 F. Supp. 3d 648, 2016 WL 2726197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-western-tidwater-regional-jail-vaed-2016.