Freeman v. Arpaio, No. 96-15551

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtCHOY
Citation125 F.3d 732
Docket NumberNo. 96-15551
Decision Date09 September 1997
Parties97 Cal. Daily Op. Serv. 7233, 97 Daily Journal D.A.R. 11,694 Benjamin FREEMAN, Plaintiff-Appellant, v. Joe ARPAIO, Sheriff; Officer York, Maricopa County Sheriffs Office Detention Officer; Officer Rodgers; Officer Steward; Officer Tipton; Officer Vard; Officer Keaton; Maricopa County Sheriffs Office Detention Officers; Sgt. Greening, aka Greeny, Defendants-Appellees.

Page 732

125 F.3d 732
97 Cal. Daily Op. Serv. 7233, 97 Daily Journal
D.A.R. 11,694
Benjamin FREEMAN, Plaintiff-Appellant,
v.
Joe ARPAIO, Sheriff; Officer York, Maricopa County Sheriffs
Office Detention Officer; Officer Rodgers; Officer
Steward; Officer Tipton; Officer Vard; Officer Keaton;
Maricopa County Sheriffs Office Detention Officers; Sgt.
Greening, aka Greeny, Defendants-Appellees.
No. 96-15551.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted July 15, 1997.
Decided Sept. 9, 1997.

Page 734

Edward M. Mansfield, Belin, Harris, Lamson & McCormick, Des Moines, IA, for plaintiff-appellant.

Susan Sherwin, Deputy County Attorney, Office of Maricopa County Attorney, Phoenix, AZ; Janis M. Haug, Deputy County Attorney of Counsel, Office of Maricopa County Attorney; John W. Paulsen, Deputy County Attorney, Office of Maricopa County Attorney, Phoenix, AZ, for defendants-appellees.

Appeal from the United States District Court for the District of Arizona; Stephen M. McNamee, District Judge, Presiding. D.C. No. CV-94-01218-SMM.

Before: CHOY and HALL, Circuit Judges, and SHADUR, District Judge. *

CHOY, Circuit Judge:

Arizona state prisoner Benjamin Freeman appeals the district court's summary judgment dismissal in favor of prison officials in his 42 U.S.C. § 1983 action. On June 20, 1994, Freeman, a Muslim, filed a complaint pro se against officials of Maricopa County Jail ("defendants") alleging that his constitutional rights to free exercise of religion and equal protection were violated because he was not allowed to practice his religion and was discriminated against on the basis of his faith. Defendants moved for summary judgment, which was granted on February 27, 1996. Freeman timely appealed and counsel was appointed for him. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm in part and reverse and remand in part.

FACTUAL ASSERTIONS

Freeman, a practicing Muslim, was held at the Maricopa County Jail from December 19, 1993 to August 12, 1994. At Maricopa County Jail, Muslim Jumah services were scheduled to be held at 10:00 a.m. on every Thursday. Maricopa County Jail had entered into an agreement with Masjud Jauharatul-Islam to provide an Imam to perform the services for a fee of $15 an hour.

Freeman submitted affidavits from himself and several other inmates stating that on numerous occasions, prison officials refused

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to let Muslim inmates attend the weekly services. Freeman also submitted a Headcount Roster in support of his claim that he was prevented from attending several Jumah services. The prisoners' affidavits also state that only Muslim inmates were handcuffed or shackled on their way to services and were the only ones required to sign attendance sheets. Furthermore, the affidavits state that Muslim inmates were not given the customary 10-15 minute notice prior to services, that was given to inmates of other faiths, and that Muslim inmates were subjected to abusive epithets by prison officials.

Defendants submitted evidence regarding the prison's policy on cuffing and shackling prisoners for movement within the institution. The prison's guidelines stated that the use of cuffs and shackles for minimum to medium security inmates is discretionary. Sergeant Greening stated that cuffs and/or shackles are used for security purposes whenever there are enough cuffs and/or shackles for the entire inmate group being moved. She also stated in response to Freeman's interrogatories, however, that cuffs and/or shackles normally are not used unless an inmate has been disruptive. Two different affiants testified as to the number of shackles available at the prison; one claimed there were no more than three available and the other affiant stated there were between four and six.

Defendants further submitted evidence that the Imam hired to perform Muslim services was absent on numerous occasions due to personal problems beyond the control of the prison. Finally, defendants' affiant stated that no sign-up sheets were required at any religious services.

STANDARD OF REVIEW

We review a district court's grant of summary judgment de novo. Bagdadi v. Nazar, 84 F.3d 1194, 1197 (9th Cir.1996). Summary judgment is appropriate when there is no genuine dispute as to material facts and the moving party is entitled to judgment as a matter of law. Jung v. FMC Corp., 755 F.2d 708, 710 (9th Cir.1985); Fed.R.Civ.P. 56. Material facts are those that may affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A dispute as to a material fact is "genuine" if there is sufficient evidence for a reasonable jury to return a verdict for the non-moving party. Id. In considering a motion for summary judgment, the court may not weigh the evidence or make credibility determinations, and is required to draw all inferences in a light most favorable to the non-moving party. Id.

DISCUSSION

I. FREE EXERCISE OF RELIGION

Freeman claims the district court erred in granting summary judgment in favor of defendants. He maintains that genuine issues of material fact exist as to whether his First Amendment right to free exercise of religion was violated by defendants, who allegedly denied him access to weekly Islamic services and placed burdens on the practice of his religion, such as shackling him during transport to services, 1 failing to give him advanced notice of services so that he could make the required "wudu", 2 requiring him to sign attendance sheets at services, and subjecting him to abusive language directed at his faith.

A. Applicable Standard: RFRA and Boerne v. Flores

On June 25, 1997, the United States Supreme Court held unconstitutional the Religious

Page 736

Freedom Restoration Act of 1993 ("RFRA"), 42 U.S.C. §§ 2000bb to 2000bb-4 (1993), as an act in excess of Congress' authority under section 5 of the Fourteenth Amendment. City of Boerne v. P.F. Flores, --- U.S. ----, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). RFRA had reestablished the "compelling state interest" test as the standard applicable to free exercise of religion claims. 42 U.S.C. § 2000bb(b) (1993). Specifically, RFRA required that laws substantially burdening an individual's exercise of religion must be in furtherance of a compelling government interest and must be the least restrictive means of furthering that interest. 42 U.S.C. § 2000bb-1. RFRA was enacted in direct response to the Supreme Court's decision in Employment Division Department of Human Resources v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990), which held that "neutral, generally applicable laws may be applied to religious practices even when not supported by a compelling governmental interest." Boerne, --- U.S. at ----, 117 S.Ct. at 2161 (citing Smith, 494 U.S. at 885, 110 S.Ct. at 1604). RFRA not only superseded Smith, but it also replaced the standard used in prisoners' free exercise challenges. See Turner v. Safley, 482 U.S. 78, 89, 107 S.Ct. 2254, 2261, 96 L.Ed.2d 64 (1987) (prison regulation need only be "reasonably related to legitimate penological interests."); O'Lone v. Shabazz, 482 U.S. 342, 349, 107 S.Ct. 2400, 2404-05, 96 L.Ed.2d 282 (1987) (prison regulations judged under less restrictive reasonableness standard). But the decision in Boerne restored the reasonableness test...

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1178 practice notes
  • James v. Group, Case No.: 14-CV-1756-AJB-JMA.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • December 2, 2015
    ...the outcome of the case. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; Freeman v. Arpaio , 125 F.3d 732, 735 (9th Cir. 1997). A dispute is genuine if a reasonable jury could return a verdict for the nonmoving party. Anderson , 477 U.S. at 248, ......
  • Davis v. Powell, Civil No. 10cv1891–CAB (RBB).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • October 4, 2012
    ...guarantee ensures that prison officials cannot [901 F.Supp.2d 1219]discriminate against particular religions.” Freeman v. Arpaio, 125 F.3d 732, 737 (9th Cir.1997), abrogated in part on other grounds by Shakur v. Schriro, 514 F.3d 878, 884–85 (9th Cir.2008). The Fourteenth Amendment is not v......
  • SkinMedica, Inc. v. Histogen Inc., Case No. 09–CV–122 JLS (RBB).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • April 23, 2012
    ...case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); [869 F.Supp.2d 1183]Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997). For a dispute to be “genuine.” a reasonable jury must be able to return a verdict for the nonmoving party. Anderson, 477 ......
  • Barnes-Wallace v. Boy Scouts of America, No. 00-CV-1726-J(AJB).
    • United States
    • U.S. District Court — Southern District of California
    • July 31, 2003
    ...the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997). Thus, "[d]isputes over irrelevant or unnecessary facts will not preclude a grant of summary judgment." T.W. Elec. Serv., I......
  • Request a trial to view additional results
1178 cases
  • James v. Group, Case No.: 14-CV-1756-AJB-JMA.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • December 2, 2015
    ...the outcome of the case. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; Freeman v. Arpaio , 125 F.3d 732, 735 (9th Cir. 1997). A dispute is genuine if a reasonable jury could return a verdict for the nonmoving party. Anderson , 477 U.S. at 248, ......
  • Davis v. Powell, Civil No. 10cv1891–CAB (RBB).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • October 4, 2012
    ...guarantee ensures that prison officials cannot [901 F.Supp.2d 1219]discriminate against particular religions.” Freeman v. Arpaio, 125 F.3d 732, 737 (9th Cir.1997), abrogated in part on other grounds by Shakur v. Schriro, 514 F.3d 878, 884–85 (9th Cir.2008). The Fourteenth Amendment is not v......
  • SkinMedica, Inc. v. Histogen Inc., Case No. 09–CV–122 JLS (RBB).
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • April 23, 2012
    ...case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); [869 F.Supp.2d 1183]Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997). For a dispute to be “genuine.” a reasonable jury must be able to return a verdict for the nonmoving party. Anderson, 477 ......
  • Barnes-Wallace v. Boy Scouts of America, No. 00-CV-1726-J(AJB).
    • United States
    • U.S. District Court — Southern District of California
    • July 31, 2003
    ...the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Freeman v. Arpaio, 125 F.3d 732, 735 (9th Cir.1997). Thus, "[d]isputes over irrelevant or unnecessary facts will not preclude a grant of summary judgment." T.W. Elec. Serv., I......
  • Request a trial to view additional results

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