Jihad v. Fabian
| Decision Date | 17 February 2011 |
| Docket Number | Civ. No. 09-1604 (SRN/LIB) |
| Parties | HANIFI MARLOW JIHAD, Plaintiff, v. Commissioner JOAN FABIAN; Assistant Commissioner DAVID CRIST; Warden JOHN KING; Assoc. Warden EDDIE MILES; Program Director BRUCE JULSON; Program Director DAVID REISHUS; Religious Cord. GREGORY SKRYPEK; Chaplain NORRIS BLACKMON; and Assoc. Warden MICHELLE SMITH, Defendants. |
| Court | U.S. District Court — District of Minnesota |
REPORT AND RECOMMENDATION
Hanifi Marlow Jihad, prose.
Angela Behrens, Assistant Minnesota Attorney General, for Defendants.
This matter is before the court on the parties' cross-motions for Summary Judgment (Dkts. 131 and 162); the Motion to Dismiss of Defendants Norris Blackmon and Gregory Skrypek (Dkt. 144); and Plaintiff's Motion to Strike (Dkt. 152). The motions have been referred to the undersigned for a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.1. For the reasons stated below, the Court finds that Plaintiff's motion for summary judgment should be denied; that Defendants' motion for summary judgment should be granted in part and denied in part; that the motion to dismiss should be granted as to Defendant Skrypek; and that Plaintiff's Motion to Strike should be denied.
Plaintiff Hanifi Marlow Jihad is currently serving a life sentence following a conviction for first degree murder. See, State v. Jones, 556 N.W.2d 903, 905 (Minn. 1996)(affirming conviction).1
Jihad is currently incarcerated at the Minnesota Correctional Facility at Stillwater, Minnesota (MCF-Stillwater). (Final Am. Compl., Dkt. 120, ¶ 3).
Jihad identifies as a practicing Muslim, and in this lawsuit, he alleges that prison officials have unlawfully burdened and infringed upon his right to freely practice his religion. Jihad brings his claims under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §2000cc-1 et seq.; under Section 1983 for violations of the free exercise clause of the First Amendment and the Equal Protection clause of the Fourteenth Amendment; and under the Minnesota Constitution. Construing Jihad's pro se submissions liberally, the Court understands Jihad to challenge the following policies and decisions: (1) a policy prohibiting him from wearing a prayer cap, or kufi, when he is not in his cell or the chapel; (2) a policy preventing him from performing his five daily prayers outside of his cell, which contains a toilet; (3) the denial of his request for halal-certified meals; (4) a policy limiting celebrations for religious holidays to one special meal per year; (5) a policy requiring that a volunteer be present for all group religious services; and (6) the cancellation of religious services on state holidays.
Defendants are current and former employees of the Minnesota Department of Corrections (DOC). Jihad alleges Defendants were involved in or were responsible for the decisions and policieshe is currently challenging. Defendant Joan Fabian is the Commissioner of the DOC, and she is sued in her individual and official capacity for permitting or approving certain policies that allegedly violate Jihad's religious rights. The remaining Defendants appear to be sued primarily for their involvement in the facility's decisions to deny Jihad's various requests for religious accommodations. Defendant David Crist is the Assistant Commissioner of Corrections; Defendant John King is the Warden at MCF-Stillwater; Defendant Eddie Miles is identified as the Associate Warden at MCF-Stillwater; Defendant Michelle Smith is also identified as the Associate Warden at MCF-Stillwater; Defendant Bruce Julson is a Program Director and is responsible for overseeing religious programming at MCF-Stillwater; Defendant David Reishus is the Program Director for Administration and appears to be responsible for overseeing the kitchen facilities at MCF-Stillwater; Defendant Gregory Skrypek formerly served as the religious coordinator at MCF-Stillwater until he retired in May 2009; and Defendant Norris Blackmon works part-time at MCF-Stillwater as a religious coordinator.
MCF-Stillwater houses approximately 1,400 inmates, and it is designated as a level four custody facility, with level five being the highest custody level. (First Blackmon Aff., Dkt. 32, at ¶ 6). The inmates at level four facilities generally have been convicted of serious and violent offenses, are serving longer sentences, or present a greater risk to security and public safety than the inmates at lower custody level facilities. (Id.)
The inmates at MCF-Stillwater "have a wide spectrum of religious beliefs," and "[n]early every known religious faith is held by someone in the facility." (Id. at ¶ 4). MCF-Stillwater has approximately 140 inmates who identify as Muslim. (First Julson Aff., Dkt. 33, at ¶ 4).
Defendant Norris Blackmon, who works part-time as a religious coordinator at MCF-Stillwater, states that inmates are allowed a number of opportunities to practice their religious beliefs:
"[I]nmates may participate in religious services with other inmates of the same faith; worship privately; designate up to five personal items as religious items; store community religious items with in [sic] a staff-designated location; purchase personal religious items at each facility; wear approved religious items; obtain religious material at the prison's library or through the mail; have an annual religious special meal; follow a religious diet; access spiritual and religious counseling services through the religious coordinator, chaplains, contract staff, and volunteers; and have individual community counseling visits by clergy or religious leaders in the visiting room or an alternative site."
(First Blackmon Aff., at ¶ 11). These policies apply to all inmates, regardless of religious affiliation.
The DOC has formalized its policies regarding inmate's religious practice through Policy No. 302.300 entitled "Religious Programming" which states:
(Dkt. 33-1, Exh. 2, at p. 3 of 9). The policy's provisions also deal with the purchase and possession of religious items, staffing of religious programming, religious services, religious counseling, and religious diets and meals.
The DOC requires inmates in custody level four and five facilities to have an outside volunteer present for religious services; this requirement applies to all religious groups at theaffected facilities. (First Blackmon Aff., at ¶ 6). Generally, inmates are responsible for finding outside volunteers to supervise their religious services, but the prison chaplain may assist the inmates in finding volunteers. (Julson Aff., at ¶ 8). According to Norris Blackmon, the outside volunteer requirement for religious services promotes security within the correctional facility. (First Blackmon Aff., at ¶ 7). Blackmon states that permitting inmates to lead religious services "would risk creating hierarchies among inmates, which can lead to conflicts and jeopardize security." (Id.) In addition, Blackmon states that allowing inmates to conduct unsupervised religious services "could open the door for gang activity." (Id.) According to Blackmon, requiring an outside volunteer ensures that all inmates remain on equal footing during the service, and further ensures that inmates are actually using the time for religious services. (Id.); (Julson Aff., at ¶ 7). Joseph Hobson, who is employed as the religious coordinator at MCF-Stillwater, states that inmates may use religious services for illicit purposes if left unsupervised, and that he is aware of instances where known gang members have passed notes and conferred with each other during religious services, even with the presence of an outside volunteer. (Second Hobson Aff., Dkt. 166, at ¶ 9). Hobson states that such conduct would be further exacerbated if inmates were permitted to congregate without a volunteer. (Id.) According to Hobson, having an outside volunteer present ensures that inmates are following the traditions of the faith during the services. (Id.) Because of this policy, religious services are sometimes cancelled when a volunteer is not present. (Id.)
In addition, the DOC does not permit corrections officers (COs) to serve as religious volunteers for several reasons. (Id. at ¶ 11). First, COs are not qualified to determine standard religious practice or what constitutes a proper religious observance. (Id.) In addition, requiring COsto supervise religious services would create a dual role for COs to handle security concerns and to facilitate religious services. (Id.) Hobson states that COs should not be put in this position since it would inevitably lead to conflicts with inmates. (Id.) Hobson states that when COs are assigned to the chapel for security purposes, the CO is stationed at or near a desk that is located outside of the chapel. (Id.)
Muslims are afforded four opportunities to congregate for religious activities each week. (First Hobson Aff., at ¶ 4). This includes Jumu'ah, Tuesday and Thursday worship services, and a Sunday study group. (Id.) According to Joseph Hobson, the Qu'ran and Hadith, which are considered the holy Islamic texts, require attendance at one service, Jumu'ah, in order to be considered "in good standing as a Muslim." (Id. at ¶ 3). Jumu'ah is held on Fridays.
According to Defendant Bruce Julson, who currently oversees religious programming at MCF-Stillwater, the chapel has a capacity of 70 people. (Julson Aff., at ¶ 6). In April or May 2008, the Muslim population surpassed this number, and as such, the DOC added a second Jumu'ah service in October 2008 so as to...
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