Shaw v. Davis
| Decision Date | 14 July 2022 |
| Docket Number | 3:18-CV-0551-MMD-CLB |
| Parties | NORMAN SHAW, et al., Plaintiffs, v. SCOTT DAVIS, et al., Defendants. |
| Court | U.S. District Court — District of Nevada |
REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE [1]
This case involves a civil rights action filed by Plaintiffs Norman Shaw (“Shaw”), Brian Kamedula (“Kamedula”), Charles Wirth (“Wirth”), Ansell Jordan (“Jordan”) and Joseph Cowart (“Cowart”) (collectively referred to as “Plaintiffs”) against Defendants Scott Davis (“Davis”), Tara Carpenter (“Carpenter”), Harold Wickham (“Wickham”), Richard Snyder (“Snyder”), K. LeGrand (“LeGrand”) J. Ferro (“Ferro”), C. Potter (“Potter”), Renee Baker (“Baker”) and Kim Thomas (“Thomas”) (collectively referred to as “Defendants”). Currently pending before the Court is Plaintiffs' motion for summary judgment. (ECF No. 213.)[2] Defendants opposed the motion, (ECF Nos. 225, 229)[3], and Plaintiffs replied. (ECF No. 237.)[4]Also pending before the Court is Defendants' motion for summary judgment. (ECF Nos. 226, 228.)[5] Plaintiffs opposed the motion, (ECF No. 238)[6], and Defendants replied. (ECF No. 246.)
For the reasons stated below, the Court recommends that Plaintiffs' motion for summary judgment, (ECF No. 213), be denied, and Defendants' motion for summary judgment, (ECF No. 226), be granted, in part, and denied, in part.
Plaintiffs Shaw, Cowart, and Jordan are inmates presently incarcerated in the Nevada Department of Corrections (“NDOC”) and housed at the Lovelock Correctional Center (“LCC”). (ECF No. 84 at 1.) Plaintiffs Wirth and Kamedula are former inmates at LCC, who have since been released from custody. (ECF No. 72 at 2; ECF No. 124.) Shaw, Kamedula, and Wirth are/were members of the Episcopal Faith Group. (ECF No. 213 at 17.) Wirth is also a member of KAIROS. (Id. at 19-20.) Plaintiff Jordan is a member of the Nation of Islam (“NOI”) Faith Group. (Id. at 17-18.) Plaintiff Cowart is a Christian and a member of The Way. (Id. at 19.) KAIROS and The Way are not recognized by NDOC as Faith Groups. (ECF No. 226-4.)
Administrative Regulation (“AR”) 810 is the regulation promulgated by NDOC related to religion issues as required by NRS 209.131 (). (ECF No. 72-1.) AR 810.01 recognizes the need to provide for the religious needs of inmates, within the restrictions and limitations of legitimate penological needs. (Id. at 2.) To maintain uniformity of religious programs through NDOC, AR 810.04(2) provides for the creation of the Religious Review Team (“RRT”). (Id. at 3.) The RRT is responsible for ensuring religious ARs are uniformly interpreted, applied, and enforced. (Id.) The RRT consists of a Warden, Chaplain, and their designees. (Id.)
AR 810.02 also recognizes that resources are limited, and inmates are expected to make sacrifices to allow other religions access to facilities for religious activities. (Id. at 2.) In recognition of the limited resources, AR 810.02(2) provides programs and activities to be established and governed by the “Religious Practice Manual.” (Id. at 3.) The Religious Practice Manual is promulgated under AR 810.3. (ECF No. 72-2.) The Religious Practice Manual defines “worship services” to mean (Id. at 7.) Religious chapel services are governed by AR 810.3(5)(B). (Id. at 8-9.) The chapel is available for religious groups that number five or more practitioners. (Id. at 8.) The Chaplain is required to create a schedule, to be approved by the Warden or designee, with a copy provided to the Deputy Director of NDOC. (Id.) The Chaplain must take into consideration the “safety and security of the prison or facility, staff availability, or other factor[s] or conditions with the prison that may affect prison operations.” (Id.) AR 810.2 provides a complete list of each Faith Group recognized by NDOC. (ECF No. 226-4.)
LCC contains a Chapel, designated for religious meetings and services. The LCC Chaplain is responsible for creating a weekly Chapel schedule, to be approved by the Warden. (See ECF No. 72-2 at 8; see also ECF No. 213 at 605-620.) Warden Baker took over responsibility for LCC, and by extension approval of the Chapel schedule, on August 29, 2016. (ECF No. 226-1 at 1.) Upon taking over, three chief concerns for Warden Baker and her staff arose related to the Chapel schedule that was in place: (1) lack of compliance with AR 810 and its series; (2) lack of uniformity between NDOC institutions regarding chapel schedules; and (3) threats to institutional safety and security, relating to lack of supervision and increased foot traffic due to outcount religious services and services held outside the Chapel. (See ECF Nos. 226-1,226-2, 226-3.)
When the LCC Chaplain position became vacant at the end of 2017, Warden Baker determined that the new Chaplain would be tasked with bringing LCC's religious practices in conformance with AR 810 and state-wide norms. (ECF No. 226-3 at 2.) Chaplain Davis was hired for the LCC Chaplain position, and it became his, and AWP Carpenter's, duty to change the LCC Chapel schedule at Warden Baker's direction. (ECF Nos. 226-3, 2262.)
Beginning in February 2018, Chaplain Davis made changes to the Chapel schedule. (ECF No. 213 at 658.) On January 18, 2018, AWP Carpenter posted a memo announcing that the new Chapel schedule would be implemented starting February 1, 2018. (Id. at 503.) On January 24, 2018, Chaplain Davis held a meeting with all General Population religious facilitators to review the new Chapel schedule changes. (Id. at 507.) Chaplain Davis informed the meeting participants of the changes to the Chapel schedule: (1) inmates are entitled to only one hour per week for Chapel services, per AR 810 (ECF No. 213 at 433-34); (2) prayer and bible studies are not Chapel activities and can be performed in inmates' cells (ECF No. 149-1 at 20); (3) outcount services are eliminated (Id.); (4) no more services would be scheduled before 8:00 am or after 9:00 pm (ECF No. 149-2 at 150); and (5) culinary will no longer be providing anything for religious services (ECF No. 149-1 at 21).
Plaintiffs Shaw and Kamedula claim the schedule changes effectively eliminated, for Episcopalian inmates, a space in the Chapel for music practice, baptism and confirmation classes, weekly unction, “Preachers in Training” classes, and worship leader and Eucharist training. (ECF No. 39 at 7.) Plaintiff Cowart claims the schedule changes eliminated, for The Way inmates, a space in the Chapel for worship service with outside sponsor, Bible studies, music practice, and a yearly, two-day Pentecost service. (Id. at 78.) Plaintiff Wirth claims the schedule changes eliminated, for KAIROS inmates, Friday night music practices and a three-day KAIROS event in October 2018. (Id. at 8.) Plaintiff Jordan claims the Chapel schedule changes eliminated, for Nation of Islam inmates, weekly Jumu'ah prayer services in the Chapel and yearly, 30-day Ramadan services conducted in an activity room. (Id. at 9-10.)
All five Plaintiffs filed grievances regarding the Chapel schedule changes. (ECF No. 213 at 761-849.) LeGrand responded to and denied Informal Grievances from Shaw, Cowart, and Jordan. Potter responded to and denied an Informal Grievance from Wirth. Ferro responded to and denied an Informal Grievance from Kamedula. Baker responded to and denied First Level Grievances from each Plaintiff and Thomas responded to and denied Second Level Grievances from each Plaintiff. (See id.)
Plaintiff Jordan also filed another Informal Grievance, No. 2006-30-65900, focusing on the Nation of Islam's Ramadan services. Jordan filed an emergency grievance, which was denied as it was not an emergency as defined by AR 740. LeGrand responded to and denied the Informal Grievance on June 19, 2018. Baker responded to and denied Jordan's First Level Grievance. Thomas responded to and denied Jordan's Second Level Grievance. (See id.)
Proceeding pro se, Plaintiffs filed the instant civil rights action pursuant to 42 U.S.C. § 1983 for the above events that occurred while Plaintiffs were incarcerated at the LCC. (ECF Nos. 12, 39.) Specifically, Plaintiffs sued Defendants Chaplain Scott Davis, Associate Warden of Programs Tara Carpenter, RRT Committee Member Harold Wickham, RRT Committee Member Richard Snyder, Prison Administration, Caseworker K. LeGrand, Caseworker J. Ferro, Caseworker C. Potter, Warden Renee Baker, Deputy Director Kim Thomas, John Doe #1, and John Doe #2. (ECF No. 39.)[7] Plaintiffs allege various claims and seek declaratory, injunctive, and monetary relief.
On June 18, 2019, the District Court screened the complaint and allowed Plaintiffs to proceed as follows: (1) in Count I alleging Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) violations against Defendants Davis, Carpenter, Wickham, Snyder, Thomas, Baker, Ferro, LeGrand, Potter, Doe #1 and Doe Prison Administration; (2) in Count II, alleging Fourteenth Amendment equal protection violations against Davis, Carpenter, Wickham, Snyder, Doe #1 and Doe Prison Administration; (3) in Count III, alleging RLUIPA and Fourteenth Amendment equal protection violations against Defendants LeGrand, Ferro, Potter, Baker, Carpenter, Thomas, and Doe #2; (4) the portion of Count IV alleging First Amendment Establishment Clause violations against Defendants Wickham, Snyder, Baker, Carpenter, Davis, Doe #1 and Doe Prison Administration; (5) the portion of Count IV...
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