Thompson v. Smeal

54 F. Supp. 3d 339, 2014 U.S. Dist. LEXIS 147666, 2014 WL 5313934
CourtDistrict Court, M.D. Pennsylvania
DecidedOctober 16, 2014
DocketCivil Action No. 3:11-CV-340
StatusPublished
Cited by3 cases

This text of 54 F. Supp. 3d 339 (Thompson v. Smeal) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Smeal, 54 F. Supp. 3d 339, 2014 U.S. Dist. LEXIS 147666, 2014 WL 5313934 (M.D. Pa. 2014).

Opinion

MEMORANDUM

WILLIAM J. NEALON, District Judge.

On February 22, 2011, Plaintiff, Jeffrey Thompson, an inmate currently confined at the State Correctional Institution in Camp Hill, Pennsylvania, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 for violations of his First Amendment and Fourteenth Amendment rights “relative to the exercise of religious freedom and in violation of the Religious Land Use and Institutionalized Persons Act (RLUIPA).” (Doc. 1, p. 3, ¶ 8). Plaintiff requests declaratory relief that he is entitled to “two (2) Christian feasts annually; Christmas and Easter.” (Doc. 1, p. 5, ¶ 16). On April 19, 2012, this Court granted Defendants’ cross motion for summary judgment and closed the case. (Docs. 65-66). On February 1, 2013, the United States Court of Appeals for the Third Circuit granted Plaintiffs appeal and remanded this matter for further proceedings. (Doc. 78).

Following discovery, Plaintiff and Defendants both filed motions for summary judgment on February 21, 2014. (Docs. 163 & 167). Defendants moved for summary judgment on Plaintiffs First Amendment and RLUIPA claims. (Doc. 164, pp. 18-24). Plaintiff moved for summary judgment under the RLUIPA. (Doc. 168, p. 8, n. 1). Following briefs and exhibits being filed, Magistrate Judge Karoline Mehalchick1 filed a Report and Recommendation (“R & R”) on July 30, 2014 opining that there are factual disputes and Plaintiffs and Defendants’ motions for summary judgment should be denied. (Doc. 184). Plaintiff objected to the R & R on September 2, 2014 and on September 15, 2014, Defendants filed a brief in opposition to the objections. (Docs. 187-88). For the reasons set forth below, the R & R will be adopted.

Standard of Review

When neither party objects to a magistrate judge’s report and recommendation, the district court is not statutorily required to review the report under de novo or any other standard. Thomas v. Arn, 474 U.S. 140, 152, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); 28 U.S.C. § 636(b)(1)(C). Nevertheless, the Third Circuit Court of Appeals has held that it is better practice to afford some level of review to dispositive legal issues raised by the report. Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir.1987), writ denied 484 U.S. 837, 108 S.Ct. 120, 98 L.Ed.2d 79 (1987); Garcia v. I.N.S., 733 F.Supp. 1554, 1555 (M.D.Pa.1990) (Kosik, J.) (stating “the district court need only review the record for plain error -or manifest injustice”). In the absence of objections, re[342]*342view may properly be limited to ascertaining whether there is clear error that not only affects the rights of the plaintiff, but also seriously affects the integrity, fairness, or public reputation of judicial proceedings. Cruz v. Chater, 990 F.Supp. 375, 377 (M.D.Pa.1998) (Vanaskie, J.). When objections to a report and recommendation have been filed, the court must make a de novo determination of those portions of the report to which specific objections are made. Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir.1989); Goney v. Clark, 749 F.2d 5, 6-7 (3d Cir.1984). The written objections must “specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections.” M.D. Pa. Local Rule 72.3. The court “may accept, reject, or modify, in whole or in part, the findings and recommendations” contained in the report. 28 U.S.C. § 636(b)(1)(C); Local Rule 72.3.

Discussion

On February 1, 2013, the United States Court of Appeals for the Third Circuit granted Plaintiffs appeal and remanded this matter for further proceedings. (Doc. 78). It was determined that this Court “erred in finding that Thompson had not demonstrated that he had sincerely held religious beliefs regarding the communal meals and prayers for Christmas and Easter” and determined that judgment was inappropriate because the record contained little evidence regarding Defendants’ penological interests supporting the policy. (Doc. 78-1, pp. 7-9). After further discovery, neither party has set forth sufficient evidence to establish judgment as a matter of law.

The Magistrate Judge thoroughly outlines the procedural history of this case, which neither party objects to, and it will be adopted. (Doc. 184, pp. 344-45); see also (Docs. 187-188). Magistrate Judge Mehalchick adequately set forth the standard for a motion for summary judgment in her R & R and that standard will be adopted. (Doc. 184, pp. 346-47). The Magistrate Judge first discusses Plaintiffs First Amendment claim, analyzing the Turner2 factors and viewing the evidence of record in the light most favorable to Plaintiff, namely the number of inmates who would participate in the communal meals and whether Thompson is able to join in communal prayer in the dining hall, and determines that Defendants are not entitled to summary judgment because “the Court cannot conclude that the DOC’s policy is legitimately and neutrally applied, and that the DOC’s penological interests are served by allowing some religious meals and not others.” (Doc. 184, pp. 347-51). With regard to Plaintiffs RLUIPA claim, Magistrate Judge Mehalchick discusses the same factual dispute regarding the number of Christian inmates who would participate in analyzing whether Defendants have a compelling governmental interest and whether denial of the meals is the least restrictive means of furthering that interest, and finds that neither party is entitled to summary judgment. (Doc. 184, pp. 345-46).

Plaintiff and Defendants make several arguments with regard to the R &• R which are reiterations of previous arguments for summary judgment and need not be given de novo review. This Court, having reviewed those arguments, finds no clear error in the Magistrate Judge’s recommendation. See (Docs. 164, 168, 187, & 188). Plaintiff makes one specific objection which, although the assertion was also [343]*343specifically set forth in his prior filings, will be given de novo review.

Magistrate Judge Mehalchick concludes “there are several factual disputes surrounding the number of inmates who would be eligible to participate in Thompson’s proposed Christmas and Easter communal meals.” (Doc. 184, p. 845). Plaintiff objects to the R & R arguing that there is no dispute that the maximum number of inmates who would be eligible to attend the communal meals would be three-hundred seven (307), substantially similar to the number of inmates eligible to participate in Muslim religious feasts. (Doc. 187, pp. 2-8). Defendants contest this factual averment. (Doc. 188, p. 4). After a complete review of the record, the Undersigned is in agreement with the Magistrate Judge that the number of inmates who could attend the meal is still disputed. Further, what precisely the meals would entail, their location, and their costs are still unclear.

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Bluebook (online)
54 F. Supp. 3d 339, 2014 U.S. Dist. LEXIS 147666, 2014 WL 5313934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-smeal-pamd-2014.