Americans United for Separation v. Prison Fellow.

• Decision Date: 03 December 2007
• Docket Number: No. 06-2741.,06-2741.
• Parties: AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, et al., Appellees, v. PRISON FELLOWSHIP MINISTRIES, INC., et al., Appellants.
• Court: U.S. Court of Appeals — Eighth Circuit

509 F.3d 406

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, et al., Appellees, v. PRISON FELLOWSHIP MINISTRIES, INC., et al., Appellants.

No. 06-2741.

United States Court of Appeals, Eighth Circuit.

Submitted: February 13, 2007.

Filed: December 3, 2007.

Alexander J. Luchenitser, argued, Ayesha N. Khan, Richard B. Katskee, Heather L. Weaver, Americans United for Separation of Church and State, Washington, DC; Dean A. Stowers, Rosenberg Stowers & Morse, Des Moines, IA, for appellees Americans United for Separation of Church and State, et al.

Gordon E. Allen, argued, H. Loraine Wallace, Iowa Dept. of Justice, Des Moines, IA, for appellants Terry Mapes, et al.

Anthony R. Picarello, Jr., argued, Kevin J. Hasson, Eric C. Rassbach, Derek L. Gaubatz, Lori E. Halstead, the Becket Fund for Religious Liberty, Washington, DC; Anthony F. Troy, Ashley L. Taylor, Robert A. Angle, Megan C. Rahman, Michael E. Lacy, Troutman Sanders LLP, Richmond, VA, for appellants Prison Fellowship Ministries, et al.

Before O'CONNOR, Associate Justice (Ret.),¹ WOLLMAN, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Prison Fellowship Ministries, Inc., InnerChange Freedom Initiatives, Inc., and employees of the Iowa Department of Corrections in their official capacities (DOC), appeal the declaratory judgment and equitable relief entered in favor of Americans United for Separation of Church and State, individual inmates, contributors to the inmates' telephone accounts, and an Iowa taxpayer. Ams. United for Separation of Church and State v. Prison Fellowship Ministries, 432 F.Supp.2d 862 (S.D.Iowa 2006). Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part, reverses in part, and remands.

I.

After a bench trial, this court reviews de novo legal conclusions and mixed questions of law and fact. Cooper Tire & Rubber Co. v. St. Paul Fire & Marine Ins. Co., 48 F.3d 365, 369 (8th Cir.1995). Factual findings are reviewed for clear error. Robinson v. GEICO Gen. Ins. Co., 447 F.3d 1096, 1101 (8th Cir. 2006). Further, a

reviewing court oversteps the bounds of its duty under [Federal Rule of Civil Procedure] 52(a) if it undertakes to duplicate the role of the lower court. "In applying the clearly erroneous standard to the findings of a district court sitting without a jury, appellate courts must constantly have in mind that their function is not to decide factual issues de novo."

Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985), quoting Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 123, 89 S.Ct. 1562, 23 L.Ed.2d 129 (1969).

A.

InnerChange offers a residential inmate program within the Newton, Iowa, medium-security facility. InnerChange, and its affiliate Prison Fellowship, are nonprofit 501(c)(3) corporations. From September 1, 1999 to June 30, 2007, the InnerChange program was funded in part by Iowa.

The purposes of InnerChange are: "Reduce the rate of re-offense and the resulting societal costs" and "Provide a positive influence in prison." InnerChange's "ultimate goal" is "to see exprisoners become contributing members of society, by becoming responsible leaders in their family, church and community." InnerChange, a Christian program, describes itself as "an intensive, voluntary, faith-based program of work and study within a loving community that promotes transformation from the inside out through the miraculous power of God's love. [InnerChange] is committed to Christ and the Bible. We try to base everything we do on biblical truth." Further, "Biblical principles are integrated into the entire course curriculum of [InnerChange], rather than compartmentalized in specific classes. In other words, the application of Biblical principles is not an agenda item — it is the agenda." The DOC has no control over the selection or teaching of the InnerChange curriculum or personnel.²

The program is quartered in Newton's Unit E. This Unit, due to construction budget constraints, has wooden cell doors to which inmates have keys, and community bathrooms with privacy dividers (thus, "dry" cells). Before InnerChange's use, Unit E housed honor inmates. Building M at Newton also is used only by InnerChange. Building M has offices, classrooms, a computer room, a library, and a multi-purpose room, but no security cameras.

Inmates are not required to join InnerChange. No one from the DOC or InnerChange threatens punishment, reduction in privileges, or otherwise pressures inmates to participate. If inmates join, no one from the DOC or InnerChange promises a reduced sentence or earlier parole. When joining, an inmate confirms in writing that participation is voluntary and will not affect eligibility for parole. The mandatory statement adds that the program is based on Christian values and contains religious content, but an inmate need not be a Christian to participate. Also, discontinuation may be voluntary or involuntary, and the inmate will not be penalized for voluntary withdrawal.

Iowa inmates are introduced to the program through presentations by InnerChange personnel at the various DOC institutions. The Introduction Workbook uses the Christian Bible to illustrate civic values. For example, the workbook includes Saul's conversion on the road to Damascus, Jesus' choosing of the apostles, and the parable of the Good Samaritan. It also contains Bible studies, such as Do You Know Jesus Personally?; Salvation; and Answered Prayer. An inmate may be eligible for InnerChange after completion of the introductory program. There is a substantial inmate waiting list eligible to join InnerChange (146 inmates as of October 2003).

InnerChange begins with a four-week orientation, followed by Phases I through IV. According to the orientation materials, InnerChange "is a Christian program, with a heavy emphasis on Christ and the Bible. All the components of the program are based on a biblical worldview. You will be expected to attend all [InnerChange] programming, including religious services." Further:

We believe that the root of our transformation is a spiritual change. [InnerChange] is designed intentionally to help produce and nurture spiritual change in you. We focus on relationship with God and how that spreads to other relationships. We study the Bible a lot. The Bible is God's revealed truth to us. Jesus said, "If you hold to my teachings, you are my disciples. Then you will know the truth, and the truth will set you free!" (John 8:31-32) That is the kind of transformation we are talking about.

Orientation materials contain introductory Bible studies and state that each InnerChange class is led by a biblical counselor who coaches the inmate in biblical living.

After orientation, to continue to Phase I, an inmate must sign the InnerChange Accountability Covenant, which states:

I understand that the principles in Matthew 18:12-35 will be applied to my life within the [InnerChange] community.

Those principles are

1. Error leads us to danger (vs.12)

2. The heart of correction is to restore (vs.13, 14)

3. It is the responsibility for those involved to reconcile on an interpersonal level (vs.15)

4. Peer mediation is to be utilized if necessary (vs.16)

5. Removal from the community is a last resort (vs.17)

6. Conflict resolution builds a stronger community (vs.18-20)

7. Interpersonal forgiveness of others is a condition of personal forgiveness from God. (vs.21-35)

I have read, understand, and will adhere to the above principles as a condition of my participation in the [InnerChange] program.

Each day in Phase I, which lasts 12 months, opens with a 30-minute devotional where inmates pray and read aloud from Christian scripture. Required classes fill the day, with homework, including memorization of Bible verses. Classes are followed by an afternoon community meeting. There, inmates pray, make prayer requests, sing religious songs, read from the Bible, and hear a daily devotional message (by an InnerChange inmate). Evening classes begin after dinner. Friday evenings, a revival service is held; all inmate participants are required to attend and take their InnerChange-provided Bibles. Sunday mornings, InnerChange holds church services, which all program inmates must attend.

During the typical day in Phase I, an inmate has five or six periods of free time, each lasting between 30 minutes and an hour. The DOC admits that during free time, InnerChange inmates are allowed to use computers, but other Newton inmates are not.

After completing Phase I, the inmate may enter Phase II, which lasts six months. The inmate signs a Continued Stay Agreement, to continue participation in the same basic schedule of morning devotionals, community meetings, afternoon and evening classes, Friday evening revivals, and Sunday morning services. By signing this agreement, the inmate understands that "if I fail to maintain these expectations I will be subject to disciplinary actions." In Phase II, the inmate also is assigned an InnerChange volunteer mentor, who assists the inmate in "living the Christian life."

InnerChange's curriculum in Phases I and II include several mandatory religious classes, such as Experiencing God, Old and New Testament Survey, and Spiritual Freedom. InnerChange also has treatment classes, such as Substance Abuse, Anger Management, Victim Impact, Criminal Thinking, Financial Management, Family Series,³ and Marriage/Family/Parenting. InnerChange's treatment classes have religious content. For example, InnerChange affirms that its (licensed) substance abuse curriculum contains a high level of religious content, based on the premise that "only Jesus Christ is the cure for addiction." Anger Management goals include learning how biblical power works and how to apply it. The Criminal Thinking course has four goals, each comparing and contrasting secular concepts to superior biblical truth and Christian ethics. The only thoroughly secular course is Computer Training, which...