Koger v. Bryan

523 F.3d 789, 70 Fed. R. Serv. 3d 532, 2008 U.S. App. LEXIS 8825, 2008 WL 1821311
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 24, 2008
Docket05-1904
StatusPublished
Cited by213 cases

This text of 523 F.3d 789 (Koger v. Bryan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koger v. Bryan, 523 F.3d 789, 70 Fed. R. Serv. 3d 532, 2008 U.S. App. LEXIS 8825, 2008 WL 1821311 (7th Cir. 2008).

Opinions

MANION, Circuit Judge.

Gregory Koger (“Koger”), a former inmate at the Pontiac Correctional Center in Illinois, filed suit against six prison officials claiming they failed to accommodate his religious-based requests for a non-meat diet. Koger claimed that this failure to accommodate his dietary request was a violation of his rights as protected by the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), and the First and Fourteenth Amendments of the Constitution. The defendants moved for summary judgment, arguing that Koger’s diet was not changed because his request did not meet the requirements necessary for prisoners seeking such an accommodation and that those requirements were lawful. The district court granted the defendants’ motion as to all of Koger’s claims, and Koger now appeals. We reverse the district court’s grant of summary judgment on Koger’s RLUIPA claim, and remand for further proceedings consistent with this opinion.

I.

The facts material to this appeal are undisputed. Koger was remanded to the custody of the Illinois Department of Corrections (“IDOC”) in 1996, and originally housed at the Joliet Correctional Center. Upon entering prison, Koger designated his religious affiliation as Baptist. In 1999, while housed at the Centraba Correctional Center, Koger changed his religious affiliation to Buddhist. Koger was not required to provide IDOC officials with any documentation in support of his original affiliation as a Baptist, or upon re-affiliating as a Buddhist. In September 2000, Koger was transferred to the Pontiac Correctional Center. A few months after this transfer, he stopped eating meat or anything on his meal tray that had touched meat. Koger adopted this diet to accommodate his yoga practices, but claimed that it subjected him to extreme hunger pains.

In May 2001, Koger contacted the prison’s chaplain, Fr. Walter Bryan (“Bryan”), requesting that his religious affiliation be changed to reflect that he was no longer a Buddhist, and that he be provided with a non-meat diet as part of his religious practices. During the period in question, Pontiac served three religious diets — kosher, vegan, and lacto-ovo vegetarian. The last two contain no meat, and would have satisfied Koger’s request. Bryan responded [794]*794with a letter stating that Roger’s request would not be granted absent a letter from a “Rabbi-Imam, etc.” of Roger’s new religion. Roger replied to Bryan’s letter saying that he was not a member of a formally established religion, and accordingly there was no clergy member available to contact Bryan on his behalf. Roger’s letter further explained some of his religious beliefs, stating that his “yoga practices required a non-meat vegetarian diet.” Bryan did not respond to this letter.

Roger began searching for a religion that fit his beliefs, and in November 2001, he joined Ordo Templi Orientis (“OTO”), a group associated with the religion of Thelema. Thelema was founded by Aleis-ter Crowley in 1904, and has as its central tenet “Do what thou wilt,” which its followers consider a divine mandate to discover their true purpose in life. In December 2001, Roger again wrote Bryan, requesting that his affiliation be changed from Buddhism to OTO, and that he be given a non-meat diet. Roger included with his request an informational letter from T. Allen Greenfield (“Greenfield”), OTO’s Prison Ministry Coordinator, setting forth some of OTO’s beliefs and practices.1 Notably, Greenfield’s letter stated that “Thelema imposes no general dietary restrictions; though each individual Thelemite may, from time to time, include dietary restrictions as part of his or her personal regimen of spiritual discipline.” In response to this second request, Bryan again sent a letter indicating that Roger’s affiliation and diet would not be changed without a letter from a “Rabbi-Imam, etc.”

On January 13, 2002, Roger filed an IDOC Grievance based upon Bryan’s failure to change his affiliation and diet. Upon review of the Grievance, Grievance Counselor and Defendant Dennis Guth (“Guth”) responded stating that he had consulted with Bryan, who indicated that he needed a “letter” from the religious organization sent directly to him, and that “information” would not be considered. Guth’s response was reviewed by Grievance Officer and Defendant Pearlene Pitchford (“Pitchford”), and on March 13, 2002, she filed a report finding that Guth’s response adequately addressed Roger’s concerns. In making this determination, Pitchford expressly noted the language from Greenfield’s letter stating that Thele-ma imposes no general dietary restrictions. Defendant James Schomig (“Schomig”), Chief Administrative Officer and Warden of Pontiac Correctional Center, concurred with Pitchford’s assessment. Roger subsequently appealed under the grievance process. On March 25, 2002, Administrative Review Board Member Douglas A. Cravens (“Cravens”) and IDOC Director Donald N. Snyder (“Snyder”) issued their finding that the decisions of Pitchford and Schomig appropriately addressed Roger’s grievance.2 Accordingly, they recommended that Roger’s grievance be denied.

In April 2002, Roger received a copy of a letter Greenfield sent to Bryan indicating that Roger was an OTO parishioner, and discussing the organizational nature of OTO. Relying on this letter, as well as a letter from OTO’s Treasurer stating that he was a dues-paying member of OTO, Roger filed a third request with Bryan asking that his affiliation be changed from Buddhism to OTO, and that he be provided a non-meat diet. On December 2, 2002, [795]*795Assistant Warden Adella Jordan-Luster (“Jordan-Luster”) sent Roger a response granting his request for affiliation change, but denying his request for a non-meat diet. Jordan-Luster indicated that this denial was based upon information she reviewed indicating that Thelema had no dietary requirements. There is no indication in the record that Roger made any further requests for an affiliation or diet change following this last exchange. Roger was released from the custody of IDOC on parole on December 11, 2006.

As this protracted correspondence proceeded, on May 1, 2002, Roger filed a prose complaint in the district court. In his initial complaint, Roger alleged violations of the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment pursuant to 42 U.S.C. § 1983, and the Religious Freedom Restoration Act of 1993, 42 U.S.C. § 2000bb-l. Snyder, Cravens, Guth, and Pitchford waived service of process. Bryan and Schomig were never served with process, nor did they waive it. After obtaining summonses from the district court, Roger filed motions on August 2, 2002, January 19, 2003, February 4, 2003, and June 23, 2004, pursuant to Federal Rule of Civil Procedure 43 requesting that service of process be made by a United States marshal. In each of those instances, the district court denied Roger’s motions finding that because Roger was not proceeding in forma pauperis, it was his responsibility to serve the defendants.

Roger was eventually given leave to file an Amended Complaint.

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523 F.3d 789, 70 Fed. R. Serv. 3d 532, 2008 U.S. App. LEXIS 8825, 2008 WL 1821311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koger-v-bryan-ca7-2008.