Kemp v. Liebel

229 F. Supp. 3d 828, 2017 U.S. Dist. LEXIS 8021, 2017 WL 264535
CourtDistrict Court, S.D. Indiana
DecidedJanuary 20, 2017
Docket1:14-cv-1728-SEB-DKL
StatusPublished
Cited by2 cases

This text of 229 F. Supp. 3d 828 (Kemp v. Liebel) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kemp v. Liebel, 229 F. Supp. 3d 828, 2017 U.S. Dist. LEXIS 8021, 2017 WL 264535 (S.D. Ind. 2017).

Opinion

ORDER ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT

SARAH EVANS BARKER, JUDGE, United States District Court, Southern District of Indiana

This matter comes before us on cross Motions for Partial Summary Judgment filed by Plaintiffs Larry Kemp and Brian Woodring and by Defendant David Liebel. Dkt. Nos. 48 and 57, respectively. Plaintiffs, prisoners within the Indiana Department of Correction (“DOC”), seek an award of nominal and punitive damages against Mr. Liebel in his individual capacity for allegedly violating their First Amendment right to practice their religion through services and study for a period of time following their transfers from one DOC correctional facility to another. For the following reasons, we GRANT Defendant’s Motion for Partial Summary Judgment and DENY the Motion for Partial Summary Judgment filed by Plaintiffs Larry Kemp and Brian Woodring.

[831]*831FACTUAL BACKGROUND

The parties stipulate that there are no contested issues of material fact in this case. Mr. Kemp and Mr. Woodring are Jewish. They were formerly confined at the Pendleton Correctional Facility and, since April 2014, have been housed at the Wabash Valley Correctional Facility in Carlisle, Indiana.

DOC inmates who adhere to certain religions, including Judaism, are permitted to pray and worship as a group. Pursuant to DOC policy, “[o]ffenders shall be free to practice and adhere to the requirements of a personal religious belief within the limitations of [Department] policy and administrative procedure.” DOC Policy and Administrative Procedure, Dkt. No. 17-4 at 2. Regarding Judaism specifically, the DOC Handbook of Religious Beliefs and Practices recognizes the importance of congregate worship and study to its adherents. DOC Handbook of Religious Beliefs and Practices, Dkt No. 17-3 at 5. “Jewish services may be led by trained lay persons as well as by Rabbis, teachers of Judaism and spiritual leaders of congregations,” though Jewish services need not necessarily be led by a rabbi or other religious leader. Id. at 3, 6.

DOC administrative policy provides that “[t]o protect the integrity and authenticity of belief and practice, Chaplains, religious specialists or qualified volunteers, shall provide leadership of religious programs whenever possible.” DOC Policy and Administrative Procedure at 3. The DOC employs chaplains at its various facilities. On a regular basis, the chaplains lead Christian services, but they do not do so for other religious traditions. In the case of services for other religious traditions,

[w]hen a staff Chaplain is not empowered to conduct a religious- program or ceremony according to the tenants of a particular faith or custom, and there is sufficient offender interest, the Chaplain or the Community Involvement Coordinator may seek to recruit appropriate individual(s) from the community.

Id. at p. 3. When a suitable leader is not available, the facility’s superintendent or designee may select an offender to facilitate the group’s religious services. Id. However, “[w]hen possible, facilities shall consult with outside authorities before selecting offender facilitators.” Id.

Wabash Valley imposes an additional requirement for inmates to lead or facilitate services where a chaplain or an outside volunteer is not available to do so. Before leading such services, an inmate must have been certified by an outside religious authority as sufficiently knowledgeable to conduct a service. Further, any offender serving as a leader of religious services must also have resided at the facility for a certain length of time under good behavior and be approved by the Security Threat Group Coordinator.

At Pendleton Correctional Facility Mr. Kemp and Mr. Woodring along with other offenders attended weekly services and study for Jewish prisoners. They and other offenders who participated in Jewish services and study were visited once a month by rabbis from the Lubavitch of Indiana, a group of Orthodox Jewish practitioners, who had contracted with Pendleton and three additional DOC correctional facilities. Offenders led other services and study sessions for Jewish adherents.

In addition to attending Jewish services and study sessions at Pendleton Correctional Facility, Mr. Kemp, Mr. Woodring, and certain other offenders were authorized to receive kosher meals beginning in 2010.1 When DOC first offered kosher [832]*832meal service, the food was pre-packaged in the style of TV dinners. In 2013, DOC created what it describes as separate kosher kitchens in four of its facilities, including Wabash Valley. This decision was made because preparing meals certified as kosher by appropriate religious authorities selected by DOC in one of the special kosher kitchens is less expensive than providing pre-packaged meals. Several DOC officials, including Defendant Liebel, were involved in or consulted about the creation of the kosher kitchens.

, Mr. Liebel is DOC’s Director of Religious and Volunteer Services. In this capacity, he—in cooperation with the Superintendents of each correctional facility—is responsible for ensuring, consistent with DOC policy, that religious programming is offered to inmates at DOC facilities. Generally speaking, Mr. Liebel’s duties include the establishment of the contours of religious programming in DOC institutions, and the management of religious services, programs, and DOC staff. Mr. Liebel determines standards for religious services programs and DOC’s chaplaincy staff; works with DOC policy staff to determine the frequency and under what circumstances religious groups meet; provides guidance regarding religious programming, including development and management; assists facilities in recruiting volunteers, and prepares and' updates the DOC’s Handbook of Religious Beliefs and Practices. Mr. Liebel, however, does not directly supervise chaplains at DOC facilities and is not involved in any day-to-day activities or operations occurring at that level. The recruitment of volunteers is conducted at the facility level, with no involvement by Mr. Liebel. Similarly, it is the role of facility officials, not Mr. Liebel, to address issues concerning whether a particular religious group is allowed to meet together within the facility or whether certain religious meetings must be suspended.

In July 2013, Mr. Liebel became involved in the initial discussions surrounding DOC’s creation of kosher kitchens-. DOC had determined that inmates who were eligible for and who wished to maintain a kosher diet would be housed in facilities where the new kitchens that were capable of serving kosher meals had been installed. This required certain inmates at the Pendleton Correctional Facility to be moved to the Wabash Valley Correctional Facility. During the process of certifying the kitchens as kosher, DOC informed offenders then receiving kosher meals that they would be moved to Wabash Valley or another properly equipped facility in order to continue their kosher diets. All offenders eligible for transfer to a facility that would accommodate their kosher diet requirements received a notice from Mr. Lie-bel to that effect and were given the choice of whether to move to the new location in order to continue access to the diet or to remain at a location where kosher diets would not be available. Some offenders at Pendleton chose to withdraw their requests for kosher diet rather than be transferred to another facility. Mr. Kemp and Mr. Woodring accepted transfers to Wabash Valley so that they could continue to receive kosher meals.

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Related

Larry Kemp v. David Liebel
Seventh Circuit, 2017
Kemp v. Liebel
877 F.3d 346 (Seventh Circuit, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
229 F. Supp. 3d 828, 2017 U.S. Dist. LEXIS 8021, 2017 WL 264535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kemp-v-liebel-insd-2017.