Cochran v. Sielaff, Misc. No. P-76-1.

• Decision Date: 12 January 1976
• Docket Number: Misc. No. P-76-1.
• Court: U.S. District Court — Southern District of Illinois
• Parties: Lawrence X COCHRAN, Plaintiff, v. Allyn R. SIELAFF, Director of Illinois Department of Corrections, Individually and in his official capacity, et al., Defendants.

405 F. Supp. 1126

Lawrence X COCHRAN, Plaintiff, v. Allyn R. SIELAFF, Director of Illinois Department of Corrections, Individually and in his official capacity, et al., Defendants.

Misc. No. P-76-1.

United States District Court, S. D. Illinois, N. D.

January 12, 1976.

No appearance for plaintiff.

No appearance for defendants.

DECISION AND ORDER

ROBERT D. MORGAN, Chief Judge.

Plaintiff moves to proceed in forma pauperis on a complaint which seeks declaratory and injunctive relief against Administrative Regulation No. 839 of the Illinois Department of Corrections. The complaint alleges that the plaintiff is a sanctioned minister of the Muslim religion at the Pontiac Correctional Center. Defendant Sielaff is Director of the Illinois Department of Corrections, defendant Finkbeiner is the Warden at Pontiac, and defendant Ledford is the Institutional Chaplain at Pontiac. The plaintiff does not seek to declare Regulation No. 839 as unconstitutional on its face, but, rather, alleges that defendant Ledford is applying the regulation in a discriminatory manner at Pontiac. The claim is brought under 42 U.S.C. § 1983, and jurisdiction is alleged pursuant to 28 U.S.C. § 1343.

A district court may determine the frivolity of a suit on a motion to proceed in forma pauperis before the issuance of summons. Wartman v. Branch 7, Civil Division, County Court, Milwaukee County, State of Wisconsin, 510 F.2d 130 (7th Cir. 1975). The standard is whether any of the legal points made are fairly arguable on their merits. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Recent decisions require that pro se complaints such as plaintiff's be held to less stringent pleading requirements. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Bryant v. Harris, 465 F.2d 365 (7th Cir. 1972). After a careful and liberal reading of the complaint, however, this court must deny plaintiff's motion to proceed in forma pauperis on the ground that it does not raise justiciable issues.

The complaint makes three principal allegations: First, that the defendants restricted the plaintiff's free exercise of religion and denied him due process of law by not granting Muslims an allotment of the prison's religious budget; second, that defendants restricted plaintiff's free exercise of religion by not allowing food in his cell during the Muslim Fast of Ramadan; and third, that defendants unreasonably restricted attendance of Muslim religious services performed by plaintiff and outside Muslim ministers.

The allegation as to an unequal allotment of the new religious budget is now moot. Plaintiff's affidavit states the denial of an allotment of the budget was overturned through institutional grievance procedures. As noted by Chief Justice Burger in his concurring opinion in Cruz v. Beto, 405 U.S. 319, 323, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972), there is no constitutional or legal requirement that government provide materials for every religion practiced. Difference in the allotments to various different religions does not amount to a denial of due process or invidious discrimination. Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963).

Plaintiff made requests to the defendants to allow the Muslim prisoners to bring food into the cellhouse to properly celebrate the Fast of Ramadan. Plaintiff alleges that proper observance of the Fast requires that the Fast be broken before sunrise. To do this, food would need to be allowed in the cellhouse at night. Defendants denied this request.

Prison officials may not punish or discriminate on account of religious beliefs. Prisoners retain complete freedom of belief, and even of desired worship practices which do not interfere with prison routine, but incarceration requires some curtailment of exercise. Cooper v. Pate, 382 F.2d 518 (7th Cir. 1967). Plaintiff does not allege purposeful discrimination against the Muslim religion. He was not denied a reasonable opportunity to pursue his faith comparable to the opportunity afforded fellow prisoners who follow other religions. Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972). Security, expense, and dietary guidelines constitute compelling interests of the state which must outweigh unusual requirements of religious practice. Walker v. Blackwell, 411 F.2d 23 (5th Cir. 1969). Any alleged constitutional deprivation on account of the prohibition of food in the cellhouse is not considered to be arguable on the merits.

The principal allegation of the complaint concerns the limits placed by the defendants on the number of prisoners allowed to attend Muslim services. Plaintiff alleges that Ledford, the chaplain at Pontiac, who is a Christian, is discriminating against Muslims by limiting attendance to Muslim services to those who are practicing Muslims. The controversy over who and how many should be allowed to attend did not arise until the defendants allowed outside...