Pauley ex rel. Asatru/Odinist Faith Cmty. v. Samuels, Case No. 1:15-cv-158 Erie

Decision Date23 September 2019
Docket NumberCase No. 1:15-cv-158 Erie
PartiesOVERTON WAYNE PAULEY, on behalf of Asatru/Odinist Faith community; WILLIAM RAY RHOADES, Plaintiffs v. CHARLES E. SAMUELS, JR, BOBBY L. MEEKS, HOWARD BARRON, DOUG BAILY, RICHARD GLOGAU, BRIAN GRIMM, TINA SWANSON, SIS LT. MR. ASHLEY, DAN BOYER, Defendants
CourtU.S. District Court — Western District of Pennsylvania

OVERTON WAYNE PAULEY, on behalf of Asatru/Odinist Faith community; WILLIAM RAY RHOADES, Plaintiffs
v.
CHARLES E. SAMUELS, JR, BOBBY L. MEEKS, HOWARD BARRON, DOUG BAILY,
RICHARD GLOGAU, BRIAN GRIMM, TINA SWANSON, SIS LT. MR. ASHLEY, DAN BOYER, Defendants

Case No. 1:15-cv-158 Erie

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

September 23, 2019


RICHARD A. LANZILLO UNITED STATES MAGISTRATE JUDGE

MEMORANDUM OPINION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

ECF NO. 95

I. Introduction

Plaintiffs Overton Wayne Pauley (Pauley) and William Ray Rhoades (Rhoades) are Odinists. That is, they are adherents to Odinism, which Pauley described as "an ancestral folk religion." ECF No. 99-1, at 7. This religion is also known as "Asatru" or "Wotanism." See, e.g., Karow v. Fuchs, 695 Fed. Appx. 966 (7th Cir. 2017) (Rovner, J., dissenting), Rivera v. Kernan, 2018 WL 4680191, *2 (N.D. Ca. Sept. 28, 2018).1 Pauley and Rhoades filed a lawsuit in which they allege that various officials of the Federal Correctional Institution at McKean (FCI McKean) violated their constitutional and statutory rights relating to the exercise and practice of their faith. The remaining Defendants have moved for summary judgment. After a thorough

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review of the summary judgment record, the Court finds that no genuine issue of material fact remains for trial and that the Defendants are entitled to judgment as a matter of law as to the Plaintiffs' remaining claims. The Court will therefore grant the Defendants' motion.

II. Procedural History

Pauley, Rhoades, and six other inmates who were members of the Odinist faith community at FCI McKean filed this action in the Court of Common Pleas of McKean County, Pennsylvania. Their Complaint asserted that the United States Bureau of Prisons (BOP)—more specifically, the BOP's Chaplaincy Services—had failed to afford them adequate time, tools, resources, and funding to practice their religion. See ECF No. 99-1, p. 22-23. The Defendants removed the case to this Court on June 23, 2015. ECF No. 1. As defendants, the Plaintiffs initially named Charles E. Samuels, Director of the Federal Bureau of Prisons, and the following thirteen staff members at FCI McKean: Bobby L. Meeks, Warden ("Meeks"); Howard Barron, Assistant Warden ("Barron"); Doug Bailey, Captain ("Bailey"); Richard Glogau, Supervisor Chaplain ("Glogau"); Brian Grimm, Assistant Chaplain ("Grimm"); Scott Wilson, BB Unit Manager ("Wilson"); Keith Williams, DA Unit Manager ("Williams"); T. Smith, BB Unit Case Counselor ("Smith"); Chase Farrell, DA Unit Case Manager ("Farrell"); Tina Swanson, Budget Analyst ("Swanson"); SIS Lt. Mr. Troublefield ("Troublefield"); SIS Lt. Mr. Ashley ("Ashley"); and Dan Boyer, SOR ("Boyer"). The Plaintiffs claimed violations of the Religious Land Use & Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc, et seq.; the Religious Freedom Restoration Act of 1993 ("RFRA"), 42 U.S.C. § 2000bb, et seq.; and the First, Fifth, and Fourteenth Amendments to the Constitution, pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). They sought injunctive relief and punitive damages. All parties consented to the jurisdiction of a United States Magistrate Judge

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over the matter. ECF Nos. 8, 10, 11, 12. See also 28 U.S.C. § 636(c)(1). Five of the original plaintiffs were voluntarily dismissed from this action by an order dated December 1, 2015. ECF No. 24.

The remaining Defendants moved to Dismiss the Complaint. ECF No. 13. This Court granted—in part—the Defendants' motion in September of 2016. ECF No. 37.2 As a result, two categories of claims remain: (1) Pauley and Rhoades' First, Fifth, Eighth, and Fourteenth Amendment claims against Defendants Glogau, Grimm, Swanson, Ashley, Boyer, Samuels, Meeks, Barron, and Bailey; and (2) Pauley and Rhoades' RFRA claims against Defendants Glogau, Samuels, Meeks, Barron, and Bailey.

After a period of discovery, the remaining Defendants moved for summary judgment on December 21, 2018. ECF No. 95. Their motion was accompanied by a supporting brief (ECF No. 96) and a Concise Statement of Material Facts (ECF No. 97). In response, Pauley filed a "Statement of Undisputed Factual Issues" (ECF No. 109) as well as a "Notice to Defendants to Withdraw their Motion for Summary Judgment," which the Court and the Defendants have construed as his Response in Opposition to Summary Judgment. ECF No. 113. Pauley also filed a "Request to Take Judicial Notice," which included seventeen exhibits. ECF No. 114. The Defendants filed a Reply in support of their motion and a Response to Pauley's statement of

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undisputed facts. ECF No. 128. Rhoades did not respond to the Defendants' motion or supporting submissions.3

Having failed to respond to the Defendants' motion or engage in any docket activity since October 2, 2015, see ECF No. 12, it is apparent that Rhoades has abandoned his claims. The Defendants ask that Rhoades' claims be dismissed for a failure to prosecute. ECF No. 128, pp. 2-3. But because Rhoades is proceeding pro se, and lacking any explanation for his nearly four years of docket inactivity, the Court cannot discern whether his failure to prosecute is willful or in bad faith. See Hildebrand v. Allegheny, 923 F.3d 128, 135 (3d Cir. 2019). Instead, because Rhoades did not respond to the Defendants' Concise Statement of Material Facts (ECF No. 97), the Court will treat the facts stated therein as undisputed for purposes of resolving their motion as it relates to Rhoades. See, e.g., Williamson v. Link, 2019 WL 3202515, *1 (E.D. Pa. July 15, 2019) (citing Federal Rule of Civil Procedure 56(e)(2)).

The Court also notes that Pauley has failed to comply with Local Rule 56.1. This rule requires a party opposing a motion for summary judgment to file a response to the movant's concise statement of material facts and, with proper citation to the record, admit or deny the facts stated in the corresponding paragraphs of the movant's concise statement, and in separately numbered paragraphs, set forth any other facts material to the motion. See LCvR 56.C.1. Courts in the Western District of Pennsylvania require strict compliance with the provisions of Local Rule 56. See, e.g., Coleman v. Tice, 2018 WL 5724125, at *2 n. 3 (W.D. Pa. Oct. 10, 2018); First Guard Ins. Co. v. Bloom Services, Inc., 2018 WL 949224, at *2-3 (W.D. Pa. Feb. 16, 2018); Hughes v. Allegheny County Airport Authority, 2017 WL 2880875, at *1 (W.D. Pa. July 6, 2017).

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A non-moving party "faces severe consequences for not properly responding to a moving party's concise statement." Hughes, 2017 WL 2880875, at *1. Any alleged material facts "set forth in the moving party's Concise Statement of Material Facts ... which are claimed to be undisputed, will for the purpose of deciding the motion for summary judgment be deemed admitted unless specifically denied or otherwise controverted by a separate concise statement of the opposing party." LCvR 56.E. While courts apply procedural rules to pro se litigants with some leniency, they are not free to ignore procedural rules that apply to parties assisted by counsel. McNeil v. United States, 508 U.S. 106, 113 (1993) (explaining that "we have never suggested that procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counsel"). Accordingly, any properly supported factual statements in the Defendants' concise statement of material fact to which Pauley has failed to respond will be deemed admitted. LCvR 56.E. Even so, the Court will consider any facts properly alleged in his pro se responses that specifically contradict Defendants' statements of fact, to the extent that they are supported by the record. Boyd v. Citizens Bank of Pa., Inc., 2014 WL 2154902, at *3 (W.D. Pa. May 22, 2014) (stating that "[t]o the extent Plaintiff's statement of 'fact' specifically controverts Defendant's, the Court will consider these facts in determining whether summary judgment should be granted"). Pauley was also deposed and his deposition is a matter or record. See ECF No. 99-1. Where appropriate, the Court will also note his deposition testimony. With that in mind, the Court turns to the factual background.

III. Factual Background

Pauley and Rhoades are adherents to Odinism. Id. at 23, 52; ECF No. 99-2, 16:13-16. They described Odinism as an "ancestral folk religion" which requires them to hold, among other things, outdoor festivals every month. Id. at 37-39, 45-46; id. at 23-24. According to

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Rhoades, the four main festivals of the religion take place on the winter, spring, summer, and fall equinoxes. ECF No. 99-2 at 32-33. One of the primary symbols associated with the faith is a "solar wheel," which Pauley described as a "rounded swastika." ECF No. 99-1 at 46. The religion has no "bible" but several books guide the faithful in their practices. Id. at 30. FCI McKean bought many titles for its Odinist inmates. ECF No. 97, ¶ 33. Pauley also authored a book on Odinism entitled "The Path of Wotanisms' Beginners Handbook: Faith, Community, Purpose, and Guidelines." ECF No. 99-1, 52. Pauley testified that his handbook was the only text needed by Odinists at FCI McKean to practice their faith. Id. at 58. Pauley's monograph contains a section called "Wotansvolk Ethnic Philosophy," which instructs adherents to have pride in the "Aryan" or "white" race, stating: "It is to the advantage of every race to conserve its own unique ethnic purity." ECF No. 97, ¶ 36.

The BOP has a program statement on congregational worship practices in its facilities. The regulation in question, BOP Program Statement 5360.09.7.a, states:

The level of scheduled activities is expected to be commensurate with the institution's mission/need. Authorized congregate services will be made available for all inmates weekly with the exception of those detained in any Special Housing Units (SHUs). If a state of
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