Connor v. Ault, No. C01-4123-MWB (N.D. Iowa 8/6/2003)
| Decision Date | 06 August 2003 |
| Docket Number | No. C01-4123-MWB.,C01-4123-MWB. |
| Parties | ROBERT J. CONNOR, aka RAMADAN ABDUL MUBARAK, and EDDIE CARROLL, aka ISLAAM M. SALAAM, Plaintiffs, v. JOHN AULT, W.L. KAUTZKY, and WILLIAM SOUPENE, Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
This case concerns the rights of inmates at a state penal institution to participate in religious ceremonies and practices, and to live in accordance with the tenets of their religion. The plaintiffs, practicing Muslims, claim the defendants, State of Iowa employees working at the Anamosa State Penitentiary ("ASP") in Anamosa, Iowa, deprived them of the right to practice the essential tenets of their religion in violation of the First and Fourteenth Amendments to the United States Constitution. The defendants deny they unconstitutionally interfered with the plaintiffs' right to practice their religion.
The plaintiffs filed this action pursuant to 42 U.S.C. § 1983 on December 20, 2001. (Doc. No. 3) They filed an Amended Complaint on November 4, 2002. (Doc. No. 24) In their lawsuit, the plaintiffs claim the defendants violated their "First Amendment rights to the free exercise of [their] religion." (Doc. No. 24, ¶ 23) They pray for a declaratory judgment, an injunction, an award of actual and exemplary damages, attorney fees, and costs. Venue is proper in this district as the defendants reside, and the events giving rise to this action occurred, in this district. 28 U.S.C. § 1391(b).
On February 11, 2003, the Honorable Mark W. Bennett referred this case to United States Magistrate Judge Paul A. Zoss to conduct any necessary evidentiary hearings and to submit a report and recommended disposition of the case. (Doc. No. 35) The case came before the court for bench trial on April 8, 2003, at the Federal Courthouse in Cedar Rapids, Iowa. The plaintiffs Robert J. Connor ("Connor") and Eddie Carroll ("Carroll") were present in person, and were represented by their attorney, Patrick Ingram. The defendants John Ault ("Ault"), warden of ASP; W.L. Kautzky ("Kautzky"), former director of the Iowa Department of Corrections; and William Soupene (Soupene"), a grievance officer at ASP; did not appear personally at the trial, but were represented by their attorney, Iowa Assistant Attorney General William Hill. During the course of the trial, the court admitted into evidence, without objection, the following joint exhibits:
Exhibit 1 Memorandum from Imam Taha Tawil, Chairman of the Islamic Council of Iowa, to the Treatment Director and fellow Chaplains, dated October 15, 2001.
Exhibit 2 Memorandum from Imam Taha Tawil, Chairman of the Islamic Council of Iowa, to the Treatment Director and fellow Chaplains, dated September 16, 2002.
Exhibit 3 State of Iowa Department of Corrections Grievance Resolution Process, revised May 2001.
Exhibit 4 Department of Corrections, Anamosa State Penitentiary, Level Incentive Program, dated July 1, 1999.
Exhibit 5 Documents relating to grievance #20-0040-02, filed by Connor on January 23, 2002.
Exhibit 6 Documents relating to grievance #20-0754-01, filed by Carroll on September 30, 2001.
Exhibit 7 Documents relating to grievance #20-0972-01, completed by Carroll on December 8, 2001, and received by ASP on December 12, 2001.
Exhibit 8 Documents relating to grievance #20-0950-01, completed by Carroll on December 8, 2001, and received by ASP on December 12, 2001.
Exhibit 9 Memorandum from Carroll to Warden Ault dated January 12, 2002, re "PROPOSAL/TREATMENT OF MUSLIMS," and related documents.
Exhibit 10 Memorandum from Chaplain Carolyn Potter regarding "Ramadan Fast 11-16-01 through 12-15-01," and related documents.
Exhibit 121 Central Office response dated April 26, 2002, to Connor's grievance #20-0131-02, received by ASP on March 27, 2002.
Additionally, Plaintiff's Exhibit 11, a section of the State of Washington Department of Corrections Handbook of Religious Beliefs and Practices relating to Islam, was admitted over the defendants' objection.
The following witnesses testified at trial on behalf of the plaintiffs: Robert Connor, Eddie Carroll, Muhammad Munier Chaudry, Reverend Carolyn Potter, Antonio Nathaniel Speed, and Dorian Mikael Abdulla. Imam Taha Tawil and Steven Lynn Hebron testified on behalf of the defendants. The plaintiffs filed a post-trial brief on May 12, 2003. (Doc. No. 43) The defendants filed a post-trial brief, on June 16, 2003, 2003. (Doc. No. 44)
The court has considered the evidence and the arguments of counsel, and now deems the matter to be fully submitted and ready for consideration. After summarizing the evidence and stating the findings of fact, the court will turn to its legal analysis and conclusions of law regarding the plaintiffs' claims. If it finds the defendants are liable on any of the legal theories asserted by the plaintiffs, then the court will determine whether the defendants have established their affirmative defense of qualified immunity. If the concludes the defendants are liable on any legal theory and not entitled to qualified immunity, then the court will determine what remedies are available and appropriate under the circumstances.
Muhammad Munier Chaudry ("Dr. Chaudry") testified for the plaintiffs as an expert on the religion of Islam. Dr. Chaudry is Director of the Islamic Council for Food and Nutrition in Chicago, Illinois. He holds two master's degrees in food science and technology, has a doctorate degree in food chemistry, and has published extensively. Dr. Chaudry testified the term "Halal2" is Arabic, and literally means "permitted." The term "Halal" is used in Islam to describe food that Muslims are permitted to eat. When a Muslim eats Halal food, the person receives a blessing.
When a Muslim intentionally eats food that is prohibited by the Islamic faith, it can be a sin. Muslims are not permitted to consume alcohol, pork, blood, or meat from an animal that is dead before it is slaughtered.3 In general, they also are not permitted to eat meat from an animal that has not been properly blessed and slaughtered in accordance with Muslim dietary requirements, although it appears there are several exceptions to this rule. For example, a Muslim is permitted, as a matter of personal choice, to eat food that has not been blessed and slaughtered in accordance with Islamic dietary requirements if the food has been prepared by "people of the book" (i.e., Jews and Christians). Although it is not a sin for a Muslim to eat such food, particularly when Halal food is not available, there is no blessing associated with eating the food. If a person is dying of starvation and has not had food for at least three days, the person can eat any food, but just enough to survive.
According to Dr. Chaudry, eating Halal food is an important part of the Islamic faith. It provides a blessing at every meal. Also, a Muslim can receive "extra credit" for eating certain foods on special days, such as during the month of Ramadan. Dr. Chaudry testified that an inmate in a prison where Halal food is not available could be a practicing Muslim if a vegetarian diet is available. Such a person might not receiving blessings from eating the non-Halal food, but would not be committing a sin.
Imam Taha Tawil ("Imam Tawil") testified for the defendants as an expert witness on the religion of Islam. He also testified about Muslim religious practices at ASP. Imam Tawil was born in Jerusalem, of Muslim parents. He obtained a degree in Islamic law, and practiced as an attorney of Islamic law for Muslim clients. He also served as an Imam at several locations in Israel. He came to the United States, and eventually located in Cedar Rapids, Iowa, where he has been Imam for twenty years. While in Iowa, he finished work on a master's degree in theology and ethics. He is the co-founder of the Inter-Religious Council for Linn County, and a commissioner for the Cedar Rapids Civil Rights Commission. He also officiates at two local mosques. For over twelve years, Imam Tawil has acted as a consultant to the Iowa Department of Corrections, and to all of its prisons throughout the State of Iowa. In this role, he helps organize religious services and study groups; counsels with inmates; consults with staff; and provides books, religious articles, and other materials to inmates and staff. He also acts as a liaison between inmates and prison administration. His contact at ASP is Steven Hebron, the Treatment Director.
Imam Tawil testified that the basic features of the Islamic faith are the same throughout the world. He described the four primary sources of the Islamic faith. The first and most important source is the Qur'an (or Koran), the holy book of Islam. The second source is the Sunnah, which describes sayings, actions, and traditions of the Prophet Mohammed. The third is the Qiyas, which analyzes situations and compares them to other similar situations where Islamic law has been applied. The fourth is the Ijma', which contains a scholarly consensus of how Islamic law applies in certain situations.
Imam Tawil described the six articles of faith that are required for all Muslims. A Muslim must believe: (1) in only one God; (2) in a day of judgment and resurrection; (3) in angels; (4) that God has revealed messages in his books; (5) in the Prophets who delivered God's messages; and (6) that God has knowledge of what is happening and what will happen in the future. According to the five "pillars" of Islam, to actively practice the Islamic faith a practicing Muslim must: (1) testify, declare, and announce that he or she worships only one God, and Mohamad is God's messenger; (2) pray five times daily — at dawn, noon, mid-afternoon, sunset, and nightfall; (3) fast during the month of Ramadan; (4) give charity to the poor; and (5) make a pilgrimage to Mecca once...
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