Brown ex rel. Indigenous Inmates v. Schuetzle, Case No. A1-03-127.
| Decision Date | 04 May 2005 |
| Docket Number | Case No. A1-03-127. |
| Citation | 368 F.Supp.2d 1009 |
| Parties | Joe BROWN, Christopher Darrell, and Mitch Wiest, on behalf of INDIGENOUS INMATES AT THE NORTH DAKOTA STATE PRISON, Plaintiffs, v. Tim SCHUETZLE, Warden, North Dakota State Prison; Patrick Benson, Deputy Warden of Operations, NDSP; Jeans Sullivan, Unit Manager, NDSP, Defendants. |
| Court | U.S. District Court — District of North Dakota |
Steven M. Light, Larivee & Light, Ltd., Grand Forks, ND, for Plaintiffs.
Joe Brown, NDSP, Bismarck, ND, pro se.
Christopher Darrell, NDSP, Bismarck, ND, pro se.
Mitch Wiest, NDSP, Bismarck, ND, pro se.
Bill Peterson, Attorney General's Office Civil Litigation, Bismarck, ND, for Defendants.
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE FOR SUMMARY JUDGMENT
Before the Court is the Defendants' Motion to Dismiss or, in the alternative for Summary Judgment filed on December 8, 2004. The Plaintiffs oppose the motion. For the following reasons the motion is granted.
The named plaintiffs are Native American inmates at the North Dakota State Penitentiary in Bismarck, North Dakota. Joe Brown is a member of the Spirit Lake Band of Dakota Indians, Mitch Weist is a member of the Standing Rock Sioux Tribe, and Christopher Darrell is a member of the Tohono O'Dhan Nation. See Complaint, pp. 1-2. The Defendants are employees of the North Dakota Department of Corrections and Rehabilitation, Prisons Division, employed at the North Dakota State Penitentiary. Tim Schuetzle is the director of the Prisons Division and serves as Warden; Patrick Branson is Deputy Warden of Operations at the prison; and Jean Sullivan is a Unit Manager at the prison. See Complaint, p. 3.
Of the 1,296 inmates held in custody at the North Dakota State Penitentiary (NDSP), the Missouri River Correctional Center, and the James River Correctional Center, 53 individuals declared their preference for the Native American religion.1 The inmates can practice the Native American religion through sweat lodge ceremonies, pipe ceremonies outside the sweat lodge, talk circles, and Native American religious study group meetings. In doing so, the inmates may possess spiritual items such as personal pipes, medicine bags, and feathers. The NDSP also makes Native American religious literature and films available to the inmates. A group entitled the Native American Indian Culture Group has been established at the NDSP to promote the Native American culture. Within the group, a Spirituality Committee works with Native American religious matters. See Affidavit of David L. Vaughn, ¶ 3.
Since 1978, a sweat lodge has been made available to inmates at the NDSP. Sweat lodge ceremonies are conducted twice a week for the general population. All inmates are allowed to attend the ceremonies. The sweat lodge is prepared by an inmate given the position of "sweat lodge worker." The sweat lodge worker is a paid position that is recommended by the Spirituality Committee and approved by NDSP's Job Placement Committee. The sweat lodge worker is allowed to recruit another inmate to assist in the preparation of the sweat lodge, or delegate the duty if necessary. Preparation of the sweat lodge includes bringing items needed for the ceremony to the sweat lodge, handling the tarps, starting a fire, and heating the rocks. Any inmate is allowed to lead the ceremony. See Affidavit of David L. Vaughn, ¶ 4.
This litigation arises out of an incident involving the plaintiff, Joe Brown. Brown was authorized to assist in setting up the sweat lodge by Chaplain David Vaughn, but "took additional unauthorized individuals out to the Sweat Lodge to help him set things up for the sweat even though he was instructed not to do this by the yard crew supervisor." As a result, on August 1, 2004, Unit Manager Jean Sullivan wrote a memorandum to Warden Tim Schuetzle stating "[e]ffective immediately, Joseph Brown will no longer be able to go out to the Sweat Lodge to set it up for sweats." See Plaintiffs' Ex. 1. Brown immediately wrote inmate requests to several staff members questioning the decision. See Complaint, p. 5; Plaintiffs' Ex's 2-6.
On August 14, 2002, Brown received a response from the office of the Deputy Warden of Operations informing him that it was that office which had directed Sullivan and Chaplain Vaughn to end his duties at the sweat lodge. The letter explained that Brown was bringing inmates out to the sweat lodge without approval despite repeated warnings not to do so. See Plaintiffs' Ex. 7. On August 15, 2002, Brown, Mitch Weist, and Chris Bald Eagle signed a Step One Grievance Form grieving the decision to end Brown's duties at the sweat lodge. The grievance specifically requested that Brown be reinstated to his Wednesday duties of setting up the sweat lodge.2 See Plaintiffs' Ex. 9.
On August 21, 2002, Sullivan responded and stated that the grievance was invalid because it contained more than one signature. Sullivan also wrote "I am not clear whom is being grievanced [sic]: Chaplain Vaughn, Deputy Warden Branson, Ray Heidt, or me." See Plaintiffs' Ex. 9.
On November 13, 2002, Brown filed an inmate request asking Warden Schuetzle why he was not yet allowed to set-up the sweat lodge. In response, Warden Schuetzle informed Brown that his Step One Grievance on that issue had been denied on August 21, 2002, and Brown failed to file a Step Two Grievance within the allotted five-day time period. Nevertheless, Warden Schuetzle gave Brown permission to file a Step Two Grievance regarding reinstatement to his Wednesday duties of setting up the sweat lodge. See Plaintiffs' Ex. 10.
With Warden Schuetzle's permission, Brown filed a Step Two Grievance Form on November 16, 2002, seeking to regain his duties of "preparing the sweat lodge." Brown also requested a meeting with the Religious Advisory Board to discuss the situation. Warden Schuetzle denied the grievance on November 19, 2002, stating that Brown did not lose his privileges for religious reasons, but for security reasons; namely, bringing unauthorized individuals out to the sweat lodge to help set-up. Warden Schuetzle reminded Brown that he was never given the position of sweat lodge worker. Brown was merely allowed to assist in setting up the sweat lodge. See Plaintiffs' Ex. 11.
On December 20, 2002, Elaine Little, the Director of the North Dakota Department of Corrections and Rehabilitation, conducted a review of Brown's Step One and Step Two Grievances, and authored the following response:
You were previously, and inadvertently, allowed to assist in setting up the sweat lodge by Chaplain Vaughn. There are individuals who are currently assigned as sweat lodge workers. Warden Schuetzle has provided you with a proper response, and I find no reason to overturn his decision. Your appeal is denied.
See Plaintiffs' Ex. 12.
On March 8-9, 2003, a council of "Spiritual Leaders" and "Bundle Keepers" of the Lakota, Dakota, Nakota Nations, Cheyenne Nation, and Arapaho Nations gathered for a meeting entitled "Protection of Ceremonies" in Eagle Butte, South Dakota. See Plaintiffs' Ex. 14, p. 1. The council was convened by Chief Arvol Looking Horse, the 19th Generation Keeper of the White Buffalo Calf Pipe, with the stated purpose being "to discuss the protection and abuse and exploitation of [indigenous] ceremonies." It was decided that Chief Looking Horse would establish the proper protocol for the Seven Sacred Rites.3 Included among the Seven Sacred Rites is the Inipi or sweat lodge ceremony.
At the meeting, Chief Looking Horse announced "from March 9th, 2003 and forward, there will be no non-Natives allowed in our sacred Hocoka (our sacred alters) where it involves our Seven Sacred Rites." See Plaintiffs' Ex. 14, p. 1. With respect to the sweat lodge ceremony, Chief Looking Horse stated as follows:
I-ni-pi (Purification Ceremony): Those that run this sacred rite should be able to communicate with Tuncasila (our Sacred Grandfathers) in their Native Plains tongue. They should also have earned this rite by completing [the Vision Quest] and the four days and four years of the [Sundance].
Id. at 2. There was also discussion about allowing only Plains Tribal members to take part in the Seven Sacred Rites, but Chief Looking Horse concluded that history could not allow for such a decision. Id. at 2-3.
On April 12, 2004, the Native American Indian Culture Group wrote a memorandum to Chaplain Vaughn requesting changes in light of Chief Looking Horse's pronouncements at the "Protection of Ceremonies" meeting. The memorandum reads as follows:
This request pertains to the decision made by the White Buffalo Calf Pipe Keeper, Arvol Looking Horse, and the many other listed Elders, who are Pipe and Medicine Bundle Keepers who say the Seven Sacred Rites of the Plains Nations should only be conducted in a traditional manner.
The Sweat Lodge (Inipi), is one of the Seven Sacred Rites, and we are requesting that the Wednesday evening Sweat Lodge Ceremony be conducted as our Elder's say it should be; that the person conducting the ceremony should be able to communicate with Tunkasila in his native tongue, should be a 4 day participant in the Hanbleciya (Vision Quest); and a 4 year Sun Dancer.
Joe Brown has completed all these protocol's of the Dakota Nation and he wants to conduct the Wednesday Sweat Lodge Ceremony as our Elder's say it should be done. This includes the exclusion of all non-natives to the wholly Traditional way the Wednesday Sweat Lodge Ceremony will henceforth take place.
Non-native People's need to understand and respect the decision's of our Elder's and Spiritual Leader's.
We the undersigned, agree with the decision/s [sic] of our Elder's and Spiritual Leader's concerning the "BARRING" of non-natives from...
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