Price v. Owens
| Decision Date | 28 April 2009 |
| Docket Number | Civil Action No. 1:09-CV-0493-TCB. |
| Citation | 634 F.Supp.2d 1349 |
| Parties | Rashad D. PRICE, Plaintiff, v. Brian OWENS, Commissioner; and Belinda Davis, Warden, Defendants. |
| Court | U.S. District Court — Northern District of Georgia |
C. Allen Garrett, Jr., Charles Hollings-worth Hooker, II, Kilpatrick Stockton, Gerald R. Weber, Atlanta, GA, for Plaintiff.
Joseph J. Drolet, Paige Elizabeth Boorman, Attorney General's Office, Atlanta, GA, for Defendants.
Plaintiff, Rashad D. Price, presently confined in the Dooly State Prison in Unadilla, Georgia, has filed this civil rights action. (Doc. 1). This matter is now before the Court for consideration of Defendants' motion to dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 6).
Plaintiff states that he is an "Afrikan Centered Culturalist" or "Rastafarian," and brings, through counsel, this civil rights action, pursuant to 42 U.S.C. § 1983, against Brian Owens, the Commissioner of the Georgia Department of Corrections, and Belinda Davis, the Warden of Dooly State Prison, where Plaintiff is incarcerated. (Doc. 1 at 1-2). Plaintiff states that "[r]efraining from cutting one's hair is a vital religious practice in the Rastafarian faith," which he has observed by wearing his hair in uncut dreadlocks since he became a Rastafarian in 1993 until 2001, when defendants forcibly cut his hair. (Id. at 2).
Plaintiff states that on March 30, 2001, the Fulton County Superior Court "accepted a negotiated plea agreement in criminal action No. 00SC0011489, sentencing [Petitioner] to a term of fifteen years imprisonment." (Id.). As part of his negotiated plea, the Fulton County Superior Court ordered that Plaintiffs hair "not be cut," consistent with his religious beliefs. (Id. at 2-3). Despite this order and Plaintiff's protests, defendants have repeatedly cut his hair in conformity with the Georgia Department of Corrections' grooming policy. (Id.). According to Plaintiff, Defendant Owens is responsible for enforcing this grooming policy, which requires male inmates to have a conventional haircut, with hair no longer than three inches. (Id. at 2; Exh. C at 2). The grooming policy allows mustaches, but permits beards only when medically indicated. (Id.).
Plaintiff claims that, despite his repeated requests, the Georgia Department of Corrections refused to provide him the forms required by O.C.G.A. § 9-10-14 to file a civil action. (Doc. 1 at 4). Thus, on November 7, 2005, Plaintiff filed a hand-written pro se civil action in the Superior Court of Fulton County, seeking a writ of mandamus to enforce his sentencing order and, alternatively, arguing that the Georgia Department of Corrections' grooming policy infringed upon his rights to equal protection and the free exercise of religion. (Id.). The Superior Court of Fulton County granted Plaintiffs petition, but the Georgia Supreme Court reversed, holding that the trial court erred in failing to dismiss Plaintiffs petition without prejudice because it was not filed on the proper form required by § 9-10-14(b). (Id. Exhs. C-D). The Georgia Supreme Court specifically held that "the record does not support [Plaintiffs] assertion that he was denied access to the appropriate form." Donald v. Price, 283 Ga. 311, 658 S.E.2d 569, 570 (2008).
Plaintiff argues that defendants are collaterally estopped from cutting his hair because the issue was determined in his criminal case in the Superior Court of Fulton County. (Doc. 1 at 6). Plaintiff asserts that the grooming policy violates his rights to equal protection and the free exercise of religion under the First and I Fourteenth Amendments of the United States Constitution and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc. (Id.). Plaintiff seeks equitable relief, as well as attorneys fees and costs. (Id. at 7-8).
Defendants have filed a pre-answer motion to dismiss pursuant to Rule 12(b)(6). (Doc. 6). In this motion, Defendants first assert that, to the extent that Plaintiff sued Defendants in their individual capacities, Plaintiff's RLUIPA claims should be dismissed. (Id., brief at 1-2). Next, Defendants argue that Plaintiffs claims under both § 1983 and the RLUIPA are barred by the two-year (or possibly four-year for the RLUIPA claim) statute of limitations because the challenged grooming policy was first applied to Plaintiff on his incarceration in March of 2001, and he did not file this suit until February 24, 2009, nearly eight years later. (Id. at 2-4).
Defendants further assert that each of Plaintiffs claims are subject to dismissal, even assuming that they are properly before this Court. Defendants first contend that Plaintiffs RLUIPA claim fails because: (1) the sincerity of his religious beliefs is in doubt given that he claimed to be a Muslim, not a Rastafarian, at the time of his guilty plea; and (2) the grooming policy is the least restrictive means to achieve the prison's compelling state interests in security and identification of inmates. (Id. at 4-8). Defendants argue that Plaintiffs collateral estoppel claim fails because: (1) a sentencing court lacks the authority to regulate the treatment of inmates; (2) the criminal case did not involve the same parties; and (3) the issue of whether Defendant's enforcement of the grooming policy violated Plaintiffs constitutional or other federal rights was not actually litigated in the criminal case. (Id. at 8-11). Finally, Defendants contend that Plaintiff's: (1) First Amendment claim fails because the grooming policy is rationally related to achieve legitimate penalogical interests; and (2) equal protection claim fails because he has not shown that he is similarly situated to female inmates or that Defendants acted with a discriminatory purpose in maintaining a hair length policy for male inmates. (Id. at 12-14).
Plaintiff responds first that he has not asserted claims against Defendants in their individual capacities. (Doc. 9 at 2). Next, Plaintiff argues that his claims are not time-barred because: (1) the continuing tort doctrine applies; and (2) the statute of limitations should be equitably tolled based on his attempts to obtain the form required by § 9-10-14 to file a suit and his subsequent pro se state court action. (Id. at 3-6). Plaintiff asserts that he has stated a prima facie RLUIPA claim because his attorney's misstatement during sentencing does not show that his religious beliefs are insincere, and the grooming policy is not the least restrictive means to achieve a compelling state interest. (Id. at 7-11). As to his collateral estoppel claim, Plaintiff maintains that: (1) sentencing courts have authority to exert control over a prison to ensure an inmate's constitutional rights are protected; and (2) collateral estoppel applies even if the parties and specific claims are not identical. (Id. at 11-17). Finally, Plaintiff maintains that Defendants' arguments concerning his First Amendment claim is premature, and Plaintiff has pleaded sufficient facts to grant relief on his equal protection claim. (Id. at 17-19).
Defendants reply that: (1) the entire action is time-barred because Plaintiff knew of the act leading to his injury in 2001; (2) the continuing tort doctrine does not apply because "it is the application of the grooming policy to Plaintiff that forms the basis of his claim, not that his hair has repeatedly been cut or that each individual hair cut is a separate and distinct injury"; and (3) equitable tolling does not apply because the Georgia Supreme Court found no support for Plaintiffs claim that prison officials denied him access to the appropriate form, and, in any event, denial of access to that form did not prevent Plaintiff from filing a federal suit because § 9-10-14 only applies to suits filed in state court. (Doc. 11, brief at 2-5). Defendants next reiterate their argument that, as to Plaintiffs RLUIPA claim, the grooming policy is the least restrictive means to achieve the prison's compelling state interests in security and identification of inmates. (Id. at 6-8). Defendants assert that the sentencing court had no authority to allow Plaintiff to violate the grooming policy. (Id. at 10). Finally, Defendants contend that the sentencing order did not involve the same parties or privies and did not actually litigate the issue presented in this case. (Id.).
When considering a Rule 12(b)(6) motion to dismiss, a federal court is required to accept as true "all facts set forth in the plaintiffs complaint" and is to limit "its consideration to the pleadings and exhibits attached thereto." Grossman v. Nationsbank, N.A., 225 F.3d 1228, 1231 (11th Cir. 2000) (citation omitted). Further, the court must draw all reasonable inferences in the light most favorable to the plaintiff. Bryant v. Avado Brands, Inc., 187 F.3d 1271, 1273 n. 1 (11th Cir.1999). Thus, "[a] complaint may not be dismissed under Fed.R.Civ.P. 12(b)(6) `unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Rosen v. TRW, Inc., 979 F.2d 191, 194 (11th Cir. 1992) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)).
Defendants argue that Plaintiffs claims under § 1983 and RLUIPA are barred by the applicable statute of limitations. This Court agrees.
A two-year statute of limitations applies to § 1983 actions filed in a Georgia district court. Mullinax v. McElhenney, 817 F.2d 711, 715-16 (11th Cir.1987). The Eleventh Circuit has not addressed whether this two-year statute of limitations applies to RLUIPA claims. The Seventh Circuit, however has applied Illinois' two-year statute of limitations to a RLUIPA claim. See Petra Presbyterian Church v. Village of...
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...claims brought pursuant to RLUIPA. See Orafan v. Goord, 2003 WL 21972735, at *9 (N.D.N.Y. Aug. 11, 2003); accord Price v. Owens, 634 F. Supp. 2d 1349, 1354-55 (N.D.Ga. 2009) (applying continuing violation analysis to determine timeliness of Section 1983 and RLUIPA claims). 21. Indeed, the D......