Freeman v. Arpaio

• Decision Date: 09 September 1997
• Docket Number: No. 96-15551,96-15551
• Citation: 125 F.3d 732
• Parties: 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.
• Court: U.S. Court of Appeals — Ninth Circuit

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.

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 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 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 as the applicable standard in free exercise challenges.

In order to establish a free exercise violation, Freeman must show the defendants burdened the practice of his religion, by preventing him from engaging in conduct mandated by his faith, ³ without any justification reasonably related to legitimate penological interests. See Turner, 482 U.S. at 89, 107 S.Ct. at 2261-62. In determining whether the challenged conduct was reasonable, the court should consider several factors such as whether the regulation has a logical connection with a legitimate government interest, whether alternative means exist to exercise the asserted right, and the impact that accommodation of the prisoner's right would have on prison resources. O'Lone, 482 U.S. at 350-52, 107 S.Ct. at 2405-06 (citing Turner, 482 U.S. at 84-89, 107 S.Ct. at 2259-62).

B. Analysis

The district court analyzed Freeman's free exercise claim under the RFRA standard and held that no genuine issues of fact existed to prove that Freeman's right to practice his religion was substantially burdened. In light of Boerne, we need not address that conclusion. Instead, having reviewed Freeman's claim under the pre-RFRA standard articulated in Turner and having considered the evidence in the light most favorable to him, we find that Freeman does raise genuine issues of material fact sufficient to defeat summary judgment on whether he was denied access to religious services without reasonable justification. Freeman set forth specific facts that he and other Muslim inmates were prevented from attending Jumah services, as mandated by their religion, ⁴ by prison officials who refused to open their cells while services were being conducted.

Defendants argue that Freeman was never denied access to religious services actually being conducted but that several services were canceled due to the absence of the Imam hired to provide Islamic services to the Muslim inmates. This justification arguably would satisfy Turner reasonableness. However, a genuine issue exists as to whether the dates of the Imam's absence coincide with the dates Freeman claims he was prohibited from attending services. For dates that do not coincide, defendants have not given any reasonable justification related to legitimate penological interests for refusing to open Freeman's cell doors while Islamic services were being held.

As for his claims with respect to shackling, failure to give notice allowing time for "wudu", the sign-in requirement, and the abusive language, we hold they do not amount to a violation of his constitutional rights. ⁵ None of these allegations, even taken in the aggregate, amount to...