Rogers v. Hellenbrand

118 F. App'x 80
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 24, 2004
DocketNo. 04-1918
StatusPublished
Cited by4 cases

This text of 118 F. App'x 80 (Rogers v. Hellenbrand) 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
Rogers v. Hellenbrand, 118 F. App'x 80 (7th Cir. 2004).

Opinion

ORDER

Frederick Rogers, an inmate at the Racine County Correctional Institution in Wisconsin and a student at the prison’s Belle Venture School, claims that teacher Jennifer Hellenbrand and educational director Jean Thieme forced him to attend a religious holiday program in violation of his rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc, et seq. The district court granted summary judgment for the defendants and we affirm.

The basic facts are not in dispute. Rogers pursued a high school equivalency certificate at Belle Venture, which offers literacy, vocational, and community-living education programs to inmates. In December 2002 the school sponsored a holiday program for its students. The program, entitled “Peace on Earth, Goodwill to All,” took place during school hours and was intended to provide students an opportunity to use their newly acquired vocabulary, writing, and speaking skills, and also to lift the students’ spirits during a season that prisoners typically find especially trying. Students and staff performed songs, skits, and readings. Participation in the show was voluntary, and the students who performed selected them own material, which had to be pre-approved by a teacher. One student read a Bible passage, and other students read poems and sang songs with titles ranging from “A Rendition of the Prodigal Son” to “Santa Goes to Prison.” Some of the school’s staff also participated, performing songs such as “Alvin’s Christmas” and “Jingle Keys” and leading an activity in which students were to fill in missing words in the poem “A Visit from Saint Nick.” Before the program, Rogers had announced that he did not wish to attend because the content might conflict with his religious beliefs, but Hellenbrand explained that he would be marked absent if he did not attend. An isolated absence bears no consequence for a student, although chronic absenteeism results in sanctions. Rogers did attend, but after-wards he filed a grievance within the prison’s complaint system. The grievance was dismissed because the program was a school activity with an educational component, but the complaint examiner suggested that Thieme reconsider whether attendance at the holiday program should remain “mandatory” in the future.

[82]*82After his grievance was dismissed, Rogers filed an action in district court, claiming violations of the Free Exercise Clause and the Establishment Clause of the First Amendment, and of RLUIPA. Without identifying his religious beliefs, Rogers asserted that he should not have been “forced” to attend the holiday program because he did not believe that “the school or the state” shared his “beliefs and views on religion.” He alleged that attending the holiday program had caused him to have a “mental relapse” and hallucinate that a teacher and God were trying to kill him. In granting summary judgment for the defendants, the district court held that Rogers could not prevail under the Free Exercise Clause because he neither identified a “religious act” that was burdened by the defendants’ actions nor demonstrated that he was compelled to affirm a repugnant belief. The court also held that Rogers could not establish a violation of the Establishment Clause because the program consisted of individual expressions in a limited public forum, and because it had a neutral purpose and did not have the effect of endorsing religion. And finally, because Rogers had not identified his religious beliefs or how he practices them, the court held that he could not demonstrate under RLUIPA that the defendants had “substantially burdened” his observation of his faith.

On appeal Rogers argues that all three claims should have survived summary judgment, but his effort to convince us that the district court erred is complicated by his competing claims during the course of this litigation that he is a Christian and an atheist. In his complaint Rogers asserted that the religious undertones of the holiday program were offensive to his religious beliefs. Although he did not identify those beliefs, his primary objections to the program were that it contained a Bible reading and references to Christmas, “a Christian holiday,” and generally had a “religious component.” The defendants, though, submitted evidence that Rogers had always professed to be a Christian. In 2000 and 2001, Rogers had taken correspondence courses entitled “Doing Time with Jesus,” “Knowing Jesus Christ,” and “Lessons for Christian Living.” In January 2002, he signed a “Religious Preference” form on which he checked the box marked “Protestant” and filled in the blank marked “Name of Parent/ Legal Guardian” with “Jesus Christ, Father God, and Holy Spirit.” Confronted with this evidence, Rogers replied to the defendants’ summary judgment motion by asserting that he was a Christian and objected to references during the holiday program to Santa Claus, “a pagan and mystical lie.” He explained that the program “was in fact blasphemy and idolatry and went against the 1st commandment of God, Christmas is all about God and his son Jesus’ birth.” Now having lost at summary judgment, Rogers has reverted to the position that he expressed in his complaint, asserting in his appellate brief that his “atheist belief is central to his religion” and that the holiday program conflicted with this “sincere belief.” He has attached to his brief a preference form designating his religion as “Atheist,” as well as an affidavit in which he swears that he does not believe in “Christmas, God or Jesus.” But because “evidence not designated to the district court in resisting summary judgment cannot be properly argued on appeal,” we cannot consider these documents here. See Hrbowski v. Worthington Steel Co., 358 F.3d 473, 478 (7th Cir.2004). Thus we have no clear picture of Rogers’s religious beliefs or practices.

Given Rogers’s inconsistent statements about his religious beliefs, both his free exercise and RLUIPA claims fail. The Free Exercise Clause is violated [83]*83when the government substantially burdens the “exercise” of religion, i.e., an act or practice mandated by or central to a particular religion. See Hernadez v. C.I.R., 490 U.S. 680, 699, 109 S.Ct. 2136, 104 L.Ed.2d 766 (1989); Civil Liberties for Urban Believers v. City of Chicago, 342 F.3d 752, 760 (7th Cir.2003). Rogers, though, never identified his religious beliefs or practices, so he necessarily failed to demonstrate that attending the holiday program conflicted with his beliefs or any central practice of his religion. The same shortcoming also dooms his claim under RLUIPA. The statute prohibits the government from imposing a “substantial burden” on a prisoner’s “exercise” of his religion, but in contrast to the Free Exercise Clause, RLUIPA defines religious “exercise” broadly to include practices that are not central to, or compelled by, one’s religion. Civil Liberties for Urban Believers, 342 F.3d at 761. Again, Rogers identified no religious activity, central to his religion or otherwise, that was burdened by attending the school’s holiday program. And having presented no evidence on this critical issue, he could not have survived the defendants’ motion for summary judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jesus Jehovah v. Harold Clark
Fourth Circuit, 2015
Jesus Jehovah v. Harold Clarke
798 F.3d 169 (Fourth Circuit, 2015)
Rogers v. Hellenbrand
544 U.S. 932 (Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
118 F. App'x 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-hellenbrand-ca7-2004.