Ford v. McGinnis
| Decision Date | 14 June 2002 |
| Docket Number | No. 00 CIV. 3437(SAS).,00 CIV. 3437(SAS). |
| Parties | Wayne FORD, Plaintiff, v. John MCGINNIS, Superintendent; Patrick McGann, Superintendent of Administration; Gordon Lord, Assistant Deputy Superintendent, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Stuart W. Gold, Esq., Rachel G. Skaistis, Esq., Cravath, Swaine & Moore, NY, for Plaintiff.
Michael J. Keane, Assistant Attorney General, Attorney General of the State of New York City, for Defendants.
Plaintiff Wayne Ford brings suit under 42 U.S.C. § 1983 against John McGinnis, Patrick McGann and Gordon Lord, all of whom are officials of the New York State Department of Correctional Services ("DOCS") at Downstate Correctional Facility ("Downstate"). Plaintiff alleges that while he was incarcerated at Downstate, defendants failed to provide him with a religious celebratory meal in violation of the Free Exercise Clause of the First Amendment.
Defendants now move for summary judgment under Federal Rule of Civil Procedure 56(c). Defendants contend that there was no First Amendment violation and, even if there were such a violation, they are immune from suit under the doctrine of qualified immunity. For the reasons stated below, defendants' motion is granted.
Ford has been a practicing Muslim since 1993. See Declaration of Wayne Ford ("Ford Decl.") ¶ 3; Deposition of Wayne Ford ("Ford Dep."), Ex. F to the Declaration of Rachel G. Skaistis, plaintiff's attorney ("Skaistis Decl."), at 16. In September 1997, Ford submitted a religious designation form, officially notifying DOCS that he is a follower of Islam. See Religious Designation Form, Ex. A to Ford Decl.
In Islam, there are two major religious observances: the Eid ul Fitr and the Eid ul Adha.1 See Umar Dep. at 26. The Eid ul Fitr, a joyous occasion, celebrates the successful completion of the observance of Ramadan.2 See Rahim Dep. at 61-62. The Eid ul Fitr celebration comes at the end of Ramadan and signifies its successful completion. See Umar Dep. at 32-33. The Eid ul Fitr is of great significance to Muslims who view it as a "religious instruction". See Rashada Dep. at 62; Rahim Dep. at 62.
The Eid ul Fitr celebration consists of an Eid ul Fitr prayer and an Eid ul Fitr feast. See Rashada Dep. at 63; Umar Dep. at 38. On the morning of the first day of the Eid ul Fitr, Muslims congregate for the Eid ul Fitr prayer. See Rahim Dep. at 63. Before leaving for the prayer, however, Muslims eat a small, sweet breakfast. See Umar Dep. at 32, 34. Following the Eid ul Fitr prayer, Muslims partake in the Eid ul Fitr feast.3 See id. at 34. The Eid ul Fitr feast is a substantial meal that typically comprises halal meat, fish, vegetables, breads, cakes, pies and beverages. See id. at 38-39.
DOCS issues an annual "Religious Faith's Holy Day Calendar" setting forth an "outline of the fea[s]ts and fasts for the various religious faith groups represented and verified in the New York State Department of Corrections facilities". See Year 2000 Religious Faith's Holy Day Calendar ("Calendar"), Ex. J to Skaistis Decl.
The Religious Faith's Holy Day Calendar indicates January 7 as the date of the Eid ul Fitr which it describes as follows:
Id-Ul-Fitr: Family Holy Day celebration. This is an observance of thanks-giving, gift giving, etc. On the first day following the end of Ramadan, a communal prayer and feast are celebrated with family. When this day falls on a weekday, the festivities may be moved to a weekend day in order to accommodate the families who will be participating. There will be a special Id. prayer and there is to be no work on the day of the Id. (). Additional information on this celebration will be distributed at a later date.
Calendar at 38. According to Superintendent of Downstate John McGinnis, events listed on the Calendar, including the Eid ul Fitr family holy day celebration, are observances recognized by DOCS as holy days. See Deposition of John McGinnis ("McGinnis Dep."), Ex. L to Skaistis Decl., at 27, 47.
Each year, the Director of Nutritional Services sends a memorandum to all DOCS facilities setting forth a standardized, state-wide menu for the Ramadan meals and the Eid ul Fitr feast. See 9/13/99 Memorandum from Howard Dean, Director of Nutritional Services, to Correctional Facility Superintendents, Ex. B to Ford Decl. All DOCS facilities are directed to follow the state-wide menu. See McGinnis Dep., at 38-39. For 1999-2000, the Ramadan Menu included provisions for both Sahoor (pre-dawn) and Iftar (evening) meals. See Ramadan Statewide Menu 1999-2000, attached to 9/13/99 Dean Mem. DOCS facilities are directed to serve all observant Muslims, including Muslims in Special Housing Units ("SHU"), with the Sahoor and Iftar meals. See Umar Dep. at 43-44, 48.
The Ramadan Menu also sets forth the items comprising the Eid ul Fitr feast. Under a heading entitled "Id-Ul-Fitr January ____, 2000," the menu lists Halal Chicken, Whiting, Rice, Sweet Potatoes, Tossed Salad w/ Dressing, Fruit Salad, Banana, Broccoli, Bean Pie and Beverage. This menu comports with the traditional Eid ul Fitr feast consumed by Muslims outside the prison system. See Umar Dep. at 38-39; Rahim Dep. at 64. DOCS facilities are directed to serve observant Muslim inmates—including Muslim inmates in SHU—the Eid ul Fitr feast set forth in this state-wide menu. See Deposition of James O'Connell, Deputy Superintendent of Downstate ("O'Connell Dep."), Ex. K to Skaistis Decl., at 44-45.
The Division of Ministerial Services is responsible for planning and coordinating religious observances and activities for DOCS. See DOCS Directive 4200, Ex. M to Skaistis Decl. Specifically, "[t]he mission of the Division is to ... [e]nable inmates to practice their religious faith and fulfill their religious obligations in accordance with the provision of the U.S. Constitution guaranteeing all citizens the right to free exercise of their religion". Id. at 1.
The Ministerial Program Coordinator for Islamic Affairs oversees all Islamic chaplains that work for DOCS and coordinates Islamic observances, prayers and classes. See Rahim Dep. at 11; Umar Dep. at 9. From 1985 through August 2000, Imam Umar was the Ministerial Program Coordinator for Islamic Affairs. See Umar Dep. at 8. The current Ministerial Program Coordinator for Islamic Affairs is Shaykh Rahim.
In September 1999, Imam Umar drafted and circulated a memorandum entitled "Accommodations for Confined Inmates" to Muslim chaplains and facility superintendents. See 9/14/99 Memorandum from Imam Umar ("Umar Mem."), Ex. N to Skaistis Decl. The memorandum stated:
A major concern of Muslim prisoners in special housing units and keeplock status is their accommodations during the month of Ramadan fast. With Ramadan and the two Ids coming soon, this is a good time to remind you and advise you to include the service of confined Muslims in your ministerial plans for Ramadan and the Ids. These inmates, more than often, will participate in the fast. Arrangements should be made for them to receive their evening meals in time for properly breaking the fast. They should also be able to receive the Id meals.
Id. (emphasis added).
During Ramadan 1999/2000, Downstate served the Ramadan meals to all observant Muslim inmates, including SHU inmates. See Deposition of Gordon Lord, Assistant Deputy Superintendent at Downstate ("Lord Dep."), Ex. O to Skaistis Decl., at 33-34. Muslim SHU inmates received their Ramadan meals on "feed up" trays delivered to their cells. See id. at 34.
The Eid ul Fitr was observed at Downstate in the year 2000 as follows. On January 7, 2000, Downstate permitted Muslim inmates to congregate for the Eid prayer. See 1/5/00 Memorandum from Reverend Milton Ortquist, Coordinating Chaplain, Ex. P to Skaistis Decl. There appears to be a factual dispute, however, as to when the actual Eid ul Fitr feast was served. Although Lord testified that the morning services consisting of orange juice, coffee cake, coffee, milk and sugar constituted the Eid ul Fitr meal as it was the actual break of the Ramadan fast,4 see Lord Dep. at 43, he later conceded that DOCS directives "indicate that the family celebration can be put off to a different date." Id. Patrick McGann, Deputy Superintendent of Administration at Downstate, similarly testified that the Eid ul Fitr meal was served on January 7, 2000, but he could not recall the contents of the meal that was served. See Deposition of Patrick McGann ("McGann Dep."), Ex. C to the Affidavit of Michael J. Keane, Assistant Attorney General ("Keane Aff."), at 54-55. According to plaintiff, the Eid ul Fitr feast described in the Ramadan menu was served at a "Eid-ul-Fitr Family Day Event" held on January 15, 2000. See Ford Decl. ¶ 17. That meal was not served to inmates, like Ford, who were confined to SHU. See McGinnis Dep. at 61-62.
In the year 2000, Ford ended his Ramadan fast on January 6, 2000, at Rikers Island, with an evening Iftar. See Ford Decl. ¶ 15. On January 7, 2000, Ford was transferred to Downstate where he was housed in SHU. See id. ¶ 16. On January 10, 2000, Ford sent a letter to Imam Hamim Rashada, Downstate's Muslim Chaplain. See 1/10/00 Letter from Ford to Rashada, Ex. G to Keane Aff. Ford's letter stated that he was an observant Muslim and asked that "[his] name be placed on the list to receive a meal from the upcoming Eid al Fitra". Id. When Imam Rashada informed plaintiff that inmates housed in SHU were prohibited from receiving the Eid ul Fitr meal, Ford filed a grievance. See Ford Decl. ¶ 18.
In his January 10, 2000 grievance, Ford requested that he be provided a "meal from...
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