Muhammad v. Wheeler

171 F. Supp. 3d 847, 2016 U.S. Dist. LEXIS 36817, 2016 WL 1117448
CourtDistrict Court, E.D. Arkansas
DecidedMarch 22, 2016
DocketCase No. 5:15-cv-130 KGB/PSH
StatusPublished
Cited by3 cases

This text of 171 F. Supp. 3d 847 (Muhammad v. Wheeler) 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
Muhammad v. Wheeler, 171 F. Supp. 3d 847, 2016 U.S. Dist. LEXIS 36817, 2016 WL 1117448 (E.D. Ark. 2016).

Opinion

ORDER

Kristine G. Baker, United States District Judge

Plaintiff Abdulhakim Muhammad is an inmate with the Arkansas Department of Correction (“ADC”). He is a Sunni Muslim. Mr. Muhammad claims that the meal plans offered by the ADC violate the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C.A. §§ 2000ec et seq., as well as the First and Fourteenth Amendments to the United States Constitution. Mr. Muhammad is seeking injunctive relief from defendants Mark Wheeler, the Religious Service Administrator for the ADC; Randy Watson, Warden of the Varner Unit, which is where Mr. Muhammad is currently incarcerated; and Wendy Kelley,'.Director 0f the ADC (Dkt. No. 2, at 4).

Both Mr. Muhammad and the defendants have filed motions for summary judgment (Dkt. Nos. 23, 43). On January [849]*84919, 2016, United States Magistrate Judge ■Patricia S. Harris issued a Proposed Findings and Recommended Disposition (“RD”), concluding that Mr. Muhammad’s motion for summary judgment should be denied, the defendants’ motion for summary judgment should be granted, and Mr. Muhammad’s complaint should be dismissed with prejudice (Dkt. No. 60, at 6). Mr. Muhammad filed timely objections to the RD (Dkt. No. 61). After reviewing the RD, reviewing the objections received, and conducting a de novo review of the record in this case, the Court adopts in part and declines to adopt in part the RD (Dkt. No. 61). The Court denies both motions for summary judgment (Dkt. No. 23, 43).

I. Background

As a Sunni Muslim, Mr. Muhammad believes that he must maintain a halal diet (Dkt. No. 43-7, at 3). Halal means food that is “lawful” or “wholesome” (Dkt. No. 47, at 1; No. 43-2, at 1). Nuts, fruits, vegetables, legumes, most types of fish, certain breads, and milk qualify as halal, as does the meat from herbivorous animals that have been “slaughtered in the name of God” (Dkt. No. 43-2, at 1; No. 43-7, at 12-13). According to Mr. Muhammad, for meat to be halal:

The animal must be slaughtered by a Muslim (or a Jew or Christian). The animal should be put down on the ground and its throat should be slit with a very sharp knife to make sure that the 3 main blood vessels are cut. While cutting the throat of the animal, the person must pronounce the name of Allah or recite a blessing which contains the name of Allah, such as “Bismillah Allahu Akbar.”

(Dkt. No. 26, at 11). Food that is not halal is haram, which Mr. Muhammad believes is forbidden. According to Mr. Muhammad, an otherwise halal diet that does not include halal meat is haram (Dkt. No. 26, at 35).1

Mr. Muhammad is incarcerated at the Varner Super Max Unit of the ADC (Dkt. No. 2, at 5). Since moving into the Varner Unit, Mr. Muhammad has made multiple requests to be placed on what he called a halal meal plan (Dkt. No. 2, at 16; No. 26, at 1). On each occasion, he was told that he could select from one of several plans that the defendants claim qualify as halal: common fare, which was “developed with the assistance of a registered dietician and a chaplain,” as well as pork-free, vegetarian, and vegan options (Dkt. No. 45, at 2). Mr. Muhammad was also informed that he could purchase halal items from the ADC’s commissary. Of the 27 halal items available at the commissary, two are fish: tuna and jack mackerel (Dkt. No. 47, at 2).

Mr. Muhammad believes that none of the regular meal plans qualify as halal. He claims that the pork-free and common fare plans contain items or ingredients that are haram (Dkt. No. 47, at 4). While he does not dispute defendants’ claim that the vegetarian and vegan plans do not contain food that is haram, he claims that these [850]*850plans are not halal because they do not include halal meat (Dkt. No. 45, at 2; No. 47, at 4).2 The ADC does not provide halal meat in its regular food service (Dkt. No. 45, at 2).3 Mr. Muhammad asserts that, “being a vegetarian, vegan or made to eat artifical [sic] meat is against my religious beliefs” (Dkt. No. 26, at 35). In a declaration, he provides the basis for this belief. According to Mr. Muhammad, the Prophet Muhammad ate meat (Dkt. No. 26, at 35). Sunni Muslims follow the example of the Prophet, meaning Mr. Muhammad believes that “Muslims are urged and are commanded to eat meat from the cattle” (Dkt. No. 26, at 35).

Mr. Muhammad argues that the availability of tuna and jack mackerel for purchase at the ADC commissary does not satisfy his religious needs because he is indigent (Dkt. No. 47, at 7). Mr. Wheeler, Mr. Watson, and Ms. Kelley dispute Mr. Muhammad’s claims about his financial condition (Dkt. No. 53, at 4). Responding to their claims, Mr. Muhammad submits a copy of his inmate bank account, indicating that he had no money available to him as of September 25, 2015, with no funds on hold or pending (Dkt. No. 47, at 5).

Mr. Muhammad also claims that the meal plans classified by the ADC as halal are nutritionally insufficient. Mr. Muhammad was enrolled in the vegetarian diet plan for a period of time,- and he appears to have been enrolled in some of the other meal plans as well, as he criticizes their quality and nutritional value (Dkt. No. 26, at 1; No. 2, at 14-15). Mr. Muhammad claims that he lost 29 pounds while on one of these meal plans (Dkt. No. 47, at 2). Mr. Wheeler, Mr. Watson, and Ms. Kelley claim, and Mr. Muhammad does not dispute, that all of the ADC’s meal plans are developed using the United States Department of Agriculture (“USDA”) dietary guidelines with the assistance of a regular dietician (Dkt. No. 45, at 2-3). They also provide a chart of Mr. Muhammad’s vital signs. On July 26, 2011, the day after Mr. Muhammad entered the Varner Unit, he weighed 198 pounds (Dkt. No. 43-9, at 2). The most recent entry, September 10, 2015, Mr. Muhammad weighed 210 pounds (Dkt. No. 43-9, at 1). According to the chart, Mr. Muhammad’s weight has fluctuated throughout his imprisonment.

II. Standard of Review

Summary judgment is proper if the evidence, when viewed in the light most favorable to the nonmoving party, shows that there is no genuine issue of material fact in dispute and that the defendant is entitled to entry of judgment as a matter of law. Fed. R. Civ. P. 56; Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A factual dispute is genuine if the evidence could cause a rea[851]*851sonable jury to return a verdict for either party. Miner v. Local 373, 513 F.3d 854, 860 (8th Cir.2008). “The mere existence of a factual dispute is insufficient alone to bar summary judgment; rather, the dispute must be outcome determinative under prevailing law.” Holloway v. Pigman, 884 F.2d 365, 366 (8th Cir.1989). However, parties opposing a summary judgment motion may not rest merely upon the allegations in their pleadings. Buford v. Tremayne, 747 F.2d 445, 447 (8th Cir.1984). The initial burden is on the moving party to demonstrate the absence of a genuine issue of material fact.

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Bluebook (online)
171 F. Supp. 3d 847, 2016 U.S. Dist. LEXIS 36817, 2016 WL 1117448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muhammad-v-wheeler-ared-2016.