Rouse v. Benson, 98-2707

Citation193 F.3d 936
Decision Date14 May 1999
Docket NumberNo. 98-2707,98-2707
Parties(8th Cir. 1999) Howard Dean Rouse, Plaintiff - Appellant, v. Dennis L. Benson; David Crist; Steve C. Hokonson; Timothy Lanz, Defendants - Appellees. Submitted:
CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)

Appeal from the United States District Court for the District of Minnesota.

Before RICHARD S. ARNOLD, JOHN R. GIBSON, and BOWMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Howard Dean Rouse appeals from an adverse summary judgment entered on his claims for retaliatory transfer from a Minnesota to an Iowa prison in violation of 42 U.S.C. 1983 (1994); discrimination against him for challenging practices regarding American Indian cultural and religious activities in violation of the equal protection clause of the 14th Amendment and 42 U.S.C. 1981 (1994); and conspiracy to so discriminate in violation of 42 U.S.C. 1985(3) and 1986 (1994). He also argues that the district court erred in dismissing his claims for emotional injury under the Prison Litigation Reform Act, 42 U.S.C. 1997e (1994). We reverse the judgment of the district court on the retaliatory transfer claim and remand for further proceedings.

Rouse was convicted of second-degree murder in Iowa and incarcerated there. He requested a transfer to Minnesota hoping for a greater opportunity to practice his Native American religion, specifically, the practices of the Lakota. Under the Interstate Corrections Compact, he was transferred to the Minnesota Correctional Facility in Stillwater on March 31, 1993.

While incarcerated at Stillwater, Rouse complained about various religious restrictions. He filed numerous grievances, or "kites," with Chaplain Steven C.Hokonson, the prison's Religious Services Coordinator. Because some complaints were incomprehensible, Hokonson personally visited with Rouse about them. These complaints regarded such matters as the pass system, which at times prevented inmates from attending the sweat lodge and at times forced their attendance; the fact that the sweat lodge faced east rather than west as his Lakota religion demanded; and requests for certain items of religious significance. Rouse also ghostwrote grievances for other inmates on religious matters. The prison discourages such ghostwriting, because it fosters obligations that encourage the illegal exchange of cash, contraband, or other services, and because it threatens prison security in the event an inmate is dissatisfied with a hired inmate's work product.

In the fall of 1994, Rouse indicated he was generally dissatisfied with his placement at Stillwater. In response, Timothy Lanz, Rouse's unit director and the transfer coordinator at the prison, requested Rouse's transfer back to Iowa. While the transfer request was being processed, however, Stillwater prison authorities became aware that Rouse had been involved in an inmate drug smuggling and money laundering conspiracy. In return for immunity from prosecution, Rouse agreed to be a material witness in any state or federal prosecution of the other participants. Accordingly, in a memorandum dated January 27, 1995, Lanz withdrew the request for transfer to Iowa and stated that he would like to keep Rouse in Minnesota for the indefinite future so he would be available for the conspiracy prosecution.

After a brief period following the withdrawal of the request on January 27, Lanz again requested Rouse's transfer back to Iowa and asked that Iowa authorities be contacted. In a memorandum dated September 26, 1995, Lanz pointed to Rouse's recent efforts to encourage other Native American inmates to file a parade of grievances regarding restrictions on their cultural and religious activities. He also stated that too much staff time had been spent answering those complaints. Rouse was transferred to the Iowa Department of Corrections on October 27, 1995. Warden Dennis L. Benson's only involvement in the transfer was to sign the paperwork, and while Hokonson gave information to Lanz regarding Rouse's activities, he did not participate directly in the transfer decision.

At the request of Associate Warden David Crist, Lanz prepared a post-transfer memo dated November 7, 1995, which commented further on the circumstances of Rouse's transfer. Lanz explained that the staff had become aware that, as a leader of the American Indian Folklore Group, Rouse was acting as a behind-the-scenes agitator, encouraging other inmates to file grievances against a wide variety of institutional practices which caused staff to spend an excessive amount of time investigating and developing responses. Lanz also wrote of the staff's concern with a perceived rise in assaultive behavior by and among Native American inmates since Rouse assumed his leadership role. And finally, Lanz stated that Rouse had become involved in a drug smuggling/money laundering conspiracy among Stillwater inmates, and only avoided criminal charges by cooperating with state and federal authorities. In a signed affidavit Lanz further asserts that Rouse encouraged other inmates to engage in unauthorized gatherings in the cell hall. Whether these gatherings related to Native American spiritual practices or whether they were simply social, security reasons prohibit inmates from congregating in the cell halls.

Lanz has continued to maintain that although Rouse claims to have drafted the initial complaint in an action brought by other inmates against prison officials entitled Chambers, et al. v. Wood, Lanz was not aware of this lawsuit at the time the September 26, 1995 transfer decision was made.

Rouse brought this action alleging retaliatory transfer because of his exercise of rights under the First Amendment by submitting grievances and participating in legal action challenging the denial of his religious freedom. He alleged that, while at Stillwater prison, he had played a leadership role with the Native American inmates made numerous written and oral grievances to prison administrators, and assisted other inmates in preparing grievances. These grievances were directed at policies and practices that prevented the Native American inmates from properly practicing their religion. He has alleged that his transfer was in retaliation for his exercise of First Amendment rights in violation of 42 U.S.C. 1983, that such treatment also violated his right to equal protection pursuant to 1983, and that such treatment was motivated by unlawful racial bias and racial discrimination in violation of 42 U.S.C. 1981. In addition, he alleged a conspiracy to deprive him of spiritual freedom, freedom of speech, the equal protection of the laws, and equal privileges and immunities under the laws in violation of 42 U.S.C. 1985(3) and 1986. Rouse prayed for injunctive relief and money damages.

The Stillwater officials moved for summary judgment, and the motion was referred to a magistrate judge for a report and recommendation. The magistrate judge recommended denial of the motion for summary judgment on Eleventh Amendment grounds, but stated that the actions of the defendant prison officials could only subject the state to prospective injunctive relief. The magistrate judge further held that, viewing the evidence most favorably to Rouse, reasonable minds could agree that the Lanz memoranda demonstrated that the motivation for the transfer was to prevent Rouse from exercising protected rights. He therefore recommended denial of summary judgment on all claims, but recommended dismissal of any claim for mental or emotional injury because Rouse did not allege physical injury as required by 42 U.S.C. 1997e(e). The judge also recommended denial of Hokonson's motion to dismiss based upon lack of personal involvement, and denial of summary judgment as to Lanz's and Benson's claim of qualified immunity because of Rouse's clearly established constitutional right not to be transferred as punishment for exercising other constitutional rights.

The district court considered the report and recommendation of the magistrate judge in detail. It observed that a prisoner does not have a constitutional right to remain in a particular institution and may be transferred for any reason or no reason. It rejected Rouse's argument that the reasons for transfer set forth in Lanz's November 7, 1995 memo were post hoc explanations and concluded that there were rational penological reasons for the transfer. The court therefore rejected the retaliatory transfer and equal protection claims, as well as all claims for relief under sections 1981, 1983, 1985, and 1986.

I.

We review a grant of summary judgment de novo. Webb v. Lawrence County, 144 F.3d 1131, 1134 (8th Cir. 1998). The movant must show that the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Webb, 144 F.3d at 1134; Fed.R.Civ.P. 56(c). Once the moving party has made this showing, the non-moving party must go beyond the pleadings and by affidavits, depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue of material fact. Fed.R.Civ.P. 56(e); Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553 (1986); Webb, 144 F.3d at 1135. "As to materiality . . . [o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 265 (1986); Webb, 144 F.3d at 1135.

II.

Rouse contends that he was transferred from Stillwater prison in Minnesota to the Iowa prison system in violation of his First Amendment rights of free speech and free exercise of religion. Viewing the evidence in the light most favorable to him, we hold that there is sufficient evidence for a reasonable jury to find that he was...

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