Smith v. Ozmint

578 F.3d 246, 2009 U.S. App. LEXIS 16989, 2009 WL 2366134
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 31, 2009
Docket07-6558
StatusPublished
Cited by83 cases

This text of 578 F.3d 246 (Smith v. Ozmint) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Ozmint, 578 F.3d 246, 2009 U.S. App. LEXIS 16989, 2009 WL 2366134 (4th Cir. 2009).

Opinion

Affirmed in part, vacated in part, and remanded by published opinion. Judge Michael wrote the opinion, in which Judge King and Judge Gregory joined.

OPINION

MICHAEL, Circuit Judge:

Kevin Smith, * a South Carolina prisoner, appeals the district court’s award of summary judgment to twenty-six South Carolina Department of Corrections officials and employees (collectively, the SCDC) on (1) his claim asserted under the Religious Land Use and Institutionalized Persons Act (RLUIPA) and (2) his claims alleging constitutional violations relating to excessive force and conditions of confinement. Smith contends that the SCDC violated his RLUIPA rights when, in contravention of his religious beliefs, it forcibly shaved his head under the Maximum Security Unit (MSU) grooming policy. Because the SCDC failed to meet its burden to show that the MSU policy of forcible grooming is the least restrictive means to further a compelling governmental interest, we vacate the summary judgment granted to the SCDC on Smith’s RLUIPA claim. The SCDC failed in its proffer because it relied on an affidavit, which was filed in another case and which did not address administrative burdens and security requirements in the MSU, where the grooming policy at issue was enforced. The RLUIPA claim requires a remand for further consideration. We affirm the district court’s award of summary judgment to the SCDC on Smith’s constitutional claims.

I.

Smith is an inmate in the MSU at Kirkland Correctional Institution in South Carolina. SCDC maintains two specialized housing units, the MSU and the Special Management Unit (SMU), for prisoners requiring greater monitoring and supervision than the general prison population. The MSU provides the higher level of security and is designed for inmates who “have demonstrated an unwillingness to conform to the rules and regulations of [the SMU], who have been charged with *249 violent criminal behavior committed while in the general [prison] population, and/or for whom emergency placement has been ordered.” J.A. 651. Common reasons for placement in the MSU include “violent participation in a riot or other institutional disorder,” “violent escapes or escape attempts with force,” and “seizing and holding a hostage.” J.A. 651-52. MSU inmates are essentially confined to their cells except for an hour of exercise per day, five days a week. When MSU inmates are permitted to leave their cells, they are “restrained with leg irons, security cuffs, and/or belly chains.” J.A. 663.

The MSU has a grooming policy (MSU grooming policy or MSU policy) that requires inmates “to wear close-cropped haircuts for security reasons.” J.A. 658. It also provides that “[i]nmates may ... be given forced haircuts or shaves if they refuse to comply with the haircut and shave schedule.” J.A. 664. The MSU grooming policy, including its provision authorizing the use of force, has been in effect since at least January 1, 2002. Smith, who is a practicing Rastafarian, refused to comply with the grooming policy because of his religious beliefs. As a result, MSU employees forcibly shaved Smith’s head with clippers on at least two occasions: on November 9, 2002, and on August 13, 2003.

The SCDC also has a grooming policy (SCDC grooming policy or SCDC policy) applicable throughout the Department of Corrections that requires male inmates to keep their hair “neatly cut (not to exceed one [1"] inch in length) and [it] must remain above the shirt collar and above the ear (not touching the ear).” J.A. 388. A May 1, 2004, amendment to the SCDC grooming policy authorizes prison employees to forcibly administer haircuts to inmates who refuse to comply. Prior to that change, inmates in the general population who refused to comply with the SCDC grooming policy were not forcibly shorn, but were reclassified and transferred to the SMU, where security arrangements are more restrictive. The current SCDC policy is essentially identical to the MSU policy: both require short haircuts and authorize prison employees to forcibly groom inmates. Smith, however, was forcibly shorn under the MSU policy, which permitted the use of force at the time of the 2002 and 2003 incidents challenged by him. The SCDC policy was only amended to permit the use of force effective May 1, 2004.

The first challenged incident occurred on November 9, 2002, when about five correctional officers wearing protective gear entered Smith’s MSU isolation cell and subdued him by forcing him to the floor and then attaching leg and arm restraints. In the first thirty seconds after the officers entered Smith’s cell, the officers used physical force against him, including pushing, pulling, and (possibly) hitting. The officers were in Smith’s cell for approximately two minutes and fifty seconds before leaving the cell with Smith in full restraints. Thereafter, the officers forcibly moved Smith to a different room and shaved his head.

Correctional officers again enforced the MSU grooming policy against Smith on August 13, 2003. Smith was in a recreation yard wearing handcuffs when the officers entered the yard and sprayed mace in his face. At the outset Smith reminded the officers that he was wearing handcuffs, but the SCDC says that an “inmate[ ] must be treated as if [he is] not restrained until the restraints can be verified by correctional officers.” J.A. 367. Thus, according to the SCDC, its officers used mace to subdue Smith as a part of the effort to make sure that he was adequately restrained. The chemicals burned Smith’s eyes and skin and caused him *250 difficulty in breathing. The officers removed Smith to a separate room and helped him wash and clean his face. His head was then shaved. Smith complained of injuries and received medical care at the correctional facility after both the November 9, 2002, and August 13, 2003, incidents. Correctional officers filmed both incidents, and the video recordings are in the record.

After exhausting administrative remedies, Smith filed a pro se complaint alleging that the SCDC violated his rights under RLUIPA, 42 U.S.C. §§ 2000cc to 2000cc-5. Smith further alleges that excessive force was used against him during the November 9, 2002, and August 13, 2003, incidents in violation of his constitutional rights and that conditions of confinement within the MSU violate the Constitution in several respects. The district court granted summary judgment to the SCDC on all of Smith’s claims, and he appeals.

II.

We review the district court’s grant of summary judgment de novo. Hill v. Lockheed Martin Logistics Mgmt., Inc., 354 F.3d 277, 283 (4th Cir.2004). Summary judgment is appropriate if “the pleadings ... and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ.P. 56(c). We construe the evidence in the light most favorable to Smith, the non-moving party, and draw all reasonable inferences in his favor. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S. Ct. 2505, 91 L.Ed.2d 202 (1986).

III.

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Cite This Page — Counsel Stack

Bluebook (online)
578 F.3d 246, 2009 U.S. App. LEXIS 16989, 2009 WL 2366134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-ozmint-ca4-2009.