Lewis v. Zon

920 F. Supp. 2d 379, 2013 WL 310393, 2013 U.S. Dist. LEXIS 10374
CourtDistrict Court, W.D. New York
DecidedJanuary 25, 2013
DocketNo. 05-CV-6432L
StatusPublished
Cited by16 cases

This text of 920 F. Supp. 2d 379 (Lewis v. Zon) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Zon, 920 F. Supp. 2d 379, 2013 WL 310393, 2013 U.S. Dist. LEXIS 10374 (W.D.N.Y. 2013).

Opinion

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, an inmate in the custody of the New York State Department of Correctional Services (“DOCS”), brings this action against DOCS and approximately fifty of its officials and employees (collectively “defendants”) pursuant to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. (“RLUIPA”). Plaintiff claims that during his incarceration at Upstate Correctional Facility (“Upstate”), Downstate Correctional Facility, Wende Correctional Facility (“Wende”), and Auburn Correctional Facility (“Auburn”), he was denied certain religious accommodations, was compelled to accept a non-kosher diet, was compelled to participate in kosher diet fast days, and was denied adequate medical care, all in violation of constitutional and statutory law.1

Plaintiff now moves for summary judgment pursuant to Fed. R. Civ. Proc. 56, and defendants cross move to dismiss the complaint pursuant to Fed. R. Civ. Proc. 12, and/or for summary judgment.

For the reasons set forth below, the defendants’ cross motion to dismiss and/or for summary judgment (Dkt. # 170) is granted in part and denied in part, and plaintiffs motion for summary judgment (Dkt. # 167) is denied.

DISCUSSION

I. Standard on a Motion for Summary Judgment

Rule 56(c) provides that a moving party is entitled to summary judgment, “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court’s role in determining a motion for summary judgment is not “to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Id. When considering a motion for summary judgment, the Court must draw inferences from underlying facts “in the light most favorable to the party opposing the motion.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962).

II. Plaintiffs Claims Against the Defendants in Their Official Capacities

The plaintiff alleges claims under Section 1983 and RLUIPA against the defendants in both their individual and official capacities, and seeks money damages. However, it is well-settled that absent waiver by the State or valid congressional override, such claims against state defen[384]*384dants in their official capacities for money damages are barred by the Eleventh Amendment. See U.S. Const, amend. XI; Kentucky v. Graham, 473 U.S. 159, 169, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985); Sommer v. County of Suffolk, 306 Fed.Appx. 660, 662 (2d Cir.2009). See Sossamon v. Texas, — U.S. -, 131 S.Ct. 1651, 1663, 179 L.Ed.2d 700 (2011); Hall v. Ekpe, 428 Fed.Appx. 93, 94 (2d Cir.2011). To the extent plaintiff seeks money damages against the defendants in their official capacities, those claims are barred.

III. Plaintiffs First Amendment Free Exercise/RLUIPA Claims

Plaintiff claims that his religious freedoms under the First Amendment and RLUIPA were violated by two DOCS policies: a requirement that the plastic wrap covering plaintiffs kosher meals be removed before they were served during his incarceration in Wende’s Special Housing Unit (“SHU”), and the prohibition against attending congregational religious services that conflict with legitimate penological objectives, which resulted in plaintiffs inability to attend certain services when he was housed in the SHU at Upstate and other facilities.

In order to make out a claim under the First Amendment’s free exercise clause or the RLUIPA, a plaintiff must initially demonstrate that his sincerely held religious beliefs have been “substantially burdened” by defendants’ conduct— specifically, that the government’s action pressured him to commit an act forbidden by his religion, or prevented him from engaging in conduct or experiences mandated by his faith. Salahuddin v. Goord, 467 F.3d 263, 274-75 (2d Cir.2006). Once plaintiff has established such a burden, the defendants are required to identify legitimate penological interests that justify the impinging conduct, and were the actual reason therefor. The ultimate burden, however, remains with the plaintiff, who must then demonstrate that the articulated concerns were irrational.

In determining whether the burden imposed by the defendants is reasonable or irrational, “a court evaluates four factors: (1) whether the action had a valid, rational connection to a legitimate governmental objective; (2) whether the prisoner has an alternative means of exercising the burdened right; (3) the impact on guards, inmates, and prison resources of accommodating the right; and (4) the existence of alternative means of facilitating the plaintiffs exercise of the right that have only a de minimis adverse effect on valid penological interests.” Smith v. Artus, 2010 WL 3910086 at *12, 2010 U.S. Dist. LEXIS 104660 at *37-*38 (N.D.N.Y.2010) (internal quotations and brackets omitted).

With regard to his kosher food claim, plaintiff contends that the Wende prison administrator’s policy of requiring corrections officers to uncover and inspect meals being served in the SHU is unconstitutional, because it didn’t permit plaintiff to verify for himself that the inspecting officers were not “tampering” with his meals. As a result, plaintiff claims that he was compelled to endure a 24-day hunger strike, and forego ceremonial fast-breaking on two religious holidays. He also claims that during transport and layovers between facilities, and prior to the approval of his application for kosher meals by Upstate’s Jewish Chaplain, he was denied kosher meals, and conversely, was later forced to participate in Jewish holy day fasting periods that he had not planned to observe.

A Jewish inmate’s right to receive kosher meals is well settled. However, with regard to plaintiffs allegation that his meals were uncovered and inspected before they were served to him in SHU, plaintiff offers no evidence to show that the practice of inspecting the meals placed [385]*385any substantial burden on plaintiffs free exercise of his faith. Specifically, plaintiff makes no attempt to show that the manner in which the meals were uncovered and inspected rendered them, or was likely to render them, non-kosher. Rather, he claims that “[bjecause my food was unwrapped and inspected outside of my presence, I could not be sure that the food was not tampered with.” (Dkt. # 167-2 at ¶ 15) (emphasis added).

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Cite This Page — Counsel Stack

Bluebook (online)
920 F. Supp. 2d 379, 2013 WL 310393, 2013 U.S. Dist. LEXIS 10374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-zon-nywd-2013.