Tyson v. Ratelle

166 F.R.D. 442, 1996 U.S. Dist. LEXIS 5681, 1996 WL 203556
CourtDistrict Court, C.D. California
DecidedApril 11, 1996
DocketNo. CV 94-2381-MRP (RMC)
StatusPublished
Cited by2 cases

This text of 166 F.R.D. 442 (Tyson v. Ratelle) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tyson v. Ratelle, 166 F.R.D. 442, 1996 U.S. Dist. LEXIS 5681, 1996 WL 203556 (C.D. Cal. 1996).

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

PFAELZER, District Judge.

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Complaint and other papers along with the attached Report and Recommendation of the United States Magistrate Judge, and has made a de novo determination of the Report and Recommendation.

IT IS ORDERED that (1) the Report and Recommendation is approved and adopted; and (2) defendants’ motion for summary judgment shall be granted, in part, and denied, in part, as follows: Summary Judgment is granted for defendants on all claims except plaintiffs claims for injunctive relief regarding the alleged violations of the free exercise clause of the First Amendment and Article I, Section 4, of the California Constitution, in the observance of Jumu’ah, reasonable access to chapel for worship, and the observance of Ramadan.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

CHAPMAN, United States Magistrate Judge.

This report and recommendation is submitted to the Honorable Mariana R. Pfaelzer, United States District Judge, pursuant to the provisions of 28 U.S.C. § 636 and General Order 194 of the United States District Court for the Central District of California.

BACKGROUND

Plaintiff Timmy Ray Tyson, a state prisoner proceeding pro se and informa pauperis, filed a civil rights complaint under 42 U.S.C. § 1983 on April 13, 1994. The plaintiff names as defendants the current warden at California State Prison — Los Angeles County (“CSP-LAC”), the previous warden at CSP-LAC, and three associate wardens at CSP-LAC. The complaint alleges that defendants violated plaintiffs First Amendment and Fourteenth Amendment rights by interfering with his practice of the Islamic religion and by generally providing plaintiff, and other [445]*445Muslim inmates, an unequal opportunity to practice their religion compared with Christian inmates.1

The complaint sets forth four separate claims. First, plaintiff alleges that when CSP-LAC opened in February of 1993, Christian inmates received the services of a full-time chaplain, while Muslim inmates did not receive services of a Muslim cleric until November 5, 1993. (Complaint, para. III). Second, plaintiff alleges that when CSP-LAC opened, Christian inmates had access to the prison chapel at least five days per week, while Muslim inmates did not receive access to the chapel five days per week until November 8,1993. (Id.). Third, plaintiff alleges ongoing violations where he and other Muslim inmates are denied the right to partake in religious celebrations, to observe an Islamic fast, and to receive “essential office supplies.” (Id). Finally, plaintiff alleges that there exists the threat that defendants will revoke his, and other Muslim inmates’ religious rights. (Id). The plaintiff seeks an injunction against a retaliatory transfer, a declaratory judgment, compensatory and punitive damages of $1.00, and “all the same religious rights afforded to the Christians.” (Complaint, par. IV).

On February 22, 1995, defendants filed a motion for summary judgment. The defendants’ motion is supported largely by the declaration of CSP-LAC’s part-time Muslim cleric, Imam Abdul-Wahab Omeira.2 Through this declaration, defendants attempt to show that they provide adequate opportunities for the practice of the Islamic religion at CSP-LAC.3 The plaintiff filed an opposition to defendants’ motion on March 23,1994. The plaintiffs motion is supported by numerous form declarations from Muslim inmates.4

DISCUSSION

I

Fed.R.Civ.P. 56(c) authorizes the granting of 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 judgment as a matter of law.” The standard for granting a motion for summary judgment is essentially the same as for granting a directed verdict. Judgment must be entered “if, under the governing law, there can be but one reasonable conclusion as to the verdict— If reasonable minds could differ ...” judgment should not be entered in favor of the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-51, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986).

The moving party bears the initial burden of identifying the elements of the claim in the pleadings, or other evidence, which the moving party “believes demonstrates the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Adickes v. S.H. Kress and Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Zoslaw v. MCA Distrib. Corp., 693 F.2d 870, 883 (9th Cir.1982). “A material issue of fact is one that affects the outcome of the litigation and requires a trial to resolve the parties’ differing versions of the truth.” S.E.C. v. Seaboard Corp., 677 F.2d 1301, 1305-06 (9th Cir.1982). The burden then shifts to the non-moving party to establish, beyond the pleadings, that there is [446]*446a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. More than a “metaphysical doubt” is required to establish a genuine issue of material fact. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Finally, the parties bear the same substantive burden of proof as would apply at a trial on the merits. Liberty Lobby, 477 U.S. at 252, 106 S.Ct. at 2512.

II

The complaint does not allege whether plaintiff has sued defendants in their individual or official capacities. The defendants correctly point out that the Eleventh Amendment bars suit against a state and its agencies and departments for monetary damages. Papasan v. Allain, 478 U.S. 265, 276-77, 106 S.Ct. 2932, 2939-40, 92 L.Ed.2d 209 (1986). Suits against state officials in their official capacities must be treated as suits against the state. Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985).

Yet, plaintiff may bring suit for injunctive relief against individual state officials in their official capacities. Will v. Michigan Dept. of State Police, 491 U.S. 58, 71, n. 10, 109 S.Ct.

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Bluebook (online)
166 F.R.D. 442, 1996 U.S. Dist. LEXIS 5681, 1996 WL 203556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyson-v-ratelle-cacd-1996.