Shaw v. Kaemingk
| Decision Date | 29 March 2019 |
| Docket Number | 4:17-CV-04116-KES |
| Parties | JAMES ELMER SHAW, Plaintiff, v. DENNIS KAEMINGK, SECRETARY OF CORRECTIONS; INDIVIDUAL AND OFFICIAL CAPACITY; ROBERT DOOLEY, DIRECTOR OF PRISON OPERATIONS; INDIVIDUAL AND OFFICIAL CAPACITY; DARIN YOUNG, WARDEN; INDIVIDUAL AND OFFICIAL CAPACITY; JENNIFER DRIESKE, DEPUTY WARDEN; INDIVIDUAL AND OFFICIAL CAPACITY; JENNIFER STANWICK-KLEMIK, DEPUTY WARDEN; INDIVIDUAL AND OFFICIAL CAPACITY; TROY PONTO, ASSOCIATE WARDEN; INDIVIDUAL AND OFFICIAL CAPACITY; ARTHOR ALLCOCK, ASSOCIATE WARDEN; INDIVIDUAL AND OFFICIAL CAPACITY; DAVID LENTSCH, UNIT MANAGER; INDIVIDUAL AND OFFICIAL CAPACITY; DERRICK BIEBER, UNIT MANAGER; INDIVIDUAL AND OFFICIAL CAPACITY; AL MADSEN, UNIT MANAGER; INDIVIDUAL AND OFFICIAL CAPACITY; JOSH KLEMIK, UNIT MANAGER; INDIVIDUAL AND OFFICIAL CAPACITY; TAMMI MERTINS-JONES, CULTURAL ACTIVITIES COORDINATOR; INDIVIDUAL AND OFFICIAL CAPACITY; ELIZABETH EFFLING, UNIT COORDINATOR; INDIVIDUAL AND OFFICIAL CAPACITY; BRITINEY ULMER, UNIT COORDINATOR; INDIVIDUAL AND OFFICIAL CAPACITY; MELISSA MATURAN, ADMINISTRATIVE REMEDY COORDINATOR; INDIVIDUAL AND OFFICIAL CAPACITY; STEVE BAKER, MAJOR; INDIVIDUAL AND OFFICIAL CAPACITY; LINDA MILLER-HUNHOFF, MAIL SUPERVISOR; INDIVIDUAL AND OFFICIAL CAPACITY; SHARRON REIMANN, MAILROOM; INDIVIDUAL AND OFFICIAL CAPACITY; JORDAN STOREVIK, MAILROOM; INDIVIDUAL AND OFFICIAL CAPACITY; NICK ANDERSON, CORRECTIONAL OFFICER, SDSP; PRESTON PERRETT, CORRECTIONAL OFFICER; INDIVIDUAL AND OFFICIAL CAPACITY; JUDY JACOBS, CORRECTIONAL OFFICER; INDIVIDUAL AND OFFICIAL CAPACITY; LISA FRASIER, CORRECTIONAL OFFICER; INDIVIDUAL AND OFFICIAL CAPACITY; NICK REDDMAN, TEACHER; INDIVIDUAL AND OFFICIAL CAPACITY; DR. MARY CARPENTER, MD; INDIVIDUAL AND OFFICIAL CAPACITY; ER REGIER, MD; INDIVIDUAL AND OFFICIAL CAPACITY; BRAD ADAMS, PA-C; INDIVIDUAL AND OFFICIAL CAPACITY; JESSICA SCHREURS, RN; INDIVIDUAL AND OFFICIAL CAPACITY; HEATHER BOWERS, RN; INDIVIDUAL AND OFFICIAL CAPACITY; UNKNOWN DEPARTMENT OF HEALTH/CORRECTIONAL HEALTH SERVICE (DOH/CHS) EMPLOYEES, INDIVIDUAL AND OFFICIAL CAPACITIES; CBM CORRECTIONAL FOOD SERVICES, INDIVIDUAL AND OFFICIAL CAPACITIES; JOHN TWEIRWEILLER, CBM DISTRICT MANAGER; INDIVIDUAL AND OFFICIAL CAPACITY; UNKNOWN CBM EMPLOYEES, INDIVIDUAL AND OFFICIAL CAPACITIES; DELMER WALTER, CONTRACTED DOC ATTORNEY; INDIVIDUAL AND OFFICIAL CAPACITY; AND MARK BIDNEY, CONTRACTED DOC PARALEGAL; INDIVIDUAL AND OFFICIAL CAPACITY; Defendants. |
| Court | U.S. District Court — District of South Dakota |
ORDER GRANTING IN PART AND DENYING IN PART STATE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING MISCELLANEOUS OTHER MOTIONS
INTRODUCTION
Plaintiff, James Elmer Shaw, is an inmate at the South Dakota State Penitentiary (SDSP) in Sioux Falls. Shaw filed a pro se civil rights lawsuit under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Docket 1. The court screened Shaw's complaint under 28 U.S.C. § 1915A and directed service. Docket 7. The court then stayed discovery pending a determination of qualified immunity. Docket 67. The state defendants now move for summary judgment based on qualified immunity. Docket 86.1 2 Shaw resists the motion for summary judgment. Docket 120. Shaw also filed several other motions. Dockets 69, 73, 74, 117, and 132.
FACTUAL BACKGROUND
The facts, viewed in the light most favorable to Shaw, are as follows:
Shaw was an inmate at the Mike Durfee State Prison (MDSP) in Springfield, South Dakota from approximately April 2017 to June 2018.Docket 1 ¶ 44; Docket 66. Prior to April 2017 and after June 2018, Shaw was and continues to be incarcerated at the SDSP. Id.
RLUIPA
Shaw's religion, Dorcha Cosàn (DC), follows a strict code of ethics called "The Nine Laws of Dorcha Cosàn" (NLDC). Docket 1 ¶ 57. By adhering to the NLDC, Shaw can attain Godhood, connect with the source of his spiritual path, and perform "true Magick." Id. ¶¶ 58-60. DC is Gaelic for dark path and "[i]t represents modern day Wiccans." Docket 2 at 1 n.1.
DC is a Wiccan religion. Docket 109 ¶ 9. Shaw describes DC as within the "tradition of Wicca" and refers to DC's rituals as "among the outer aspects of Wicca by which Shaw defines his religion." Docket 1 ¶¶ 85, 105. The adherence to the NLDC differentiates DC from Wicca. Docket 121 at 3.
Both MDSP and the SDSP have a recognized Wiccan group. Docket 109 ¶ 25. Although MDSP and SDSP have inmates that identify as DC, there is no recognized DC group. Docket 121 at 10.3 Wicca, but not DC, is listed in the Inmate Religious and Cultural Activities policy. See Docket 88-1.
Defendants have denied Shaw's requests for accommodations separate from Wicca. Docket 1 ¶ 55; see also Docket 109 ¶ 22. Defendants require religious groups to meet as one group if they do not have a volunteer from outside the prison to lead the group worship and study time. Docket 88 ¶ 20. Several non-Christian groups are made up of different sects, but all sects meetas one group. Id. Shaw argues this requirement is not always followed. Docket 121 at 6-7. According to the SDSP Cultural Activities Sign-Up form, with the last printed date of October 2017, the Jewish and Messianic groups meet separately. Docket 122-1 at 4. Defendants maintain that, if a volunteer is located to lead a DC group and completes the requisite background check and training, the DOC would allow and encourage that. Docket 88 ¶ 21 (citing Docket 88-1 at 1).
Shaw identifies several ways he claims defendants have substantially burdened his religious exercises. Docket 1 ¶¶ 62, 67. Shaw contends that all requests could be accommodated at no cost to defendants. Id. ¶ 68. DC could purchase everything through approved vendors. Id.
First, Shaw alleges that Kaemingk, Dooley, Young, Drieske, Stanwick-Klemik, and Mertens-Jones require Shaw to provide proof that his religious requests are mandated by his religion. Id. ¶ 62(a). As evidence, Shaw offers the "Request for Religious or Alternative Diet" form that asks, "Explain in detail how the diet relates to your religion, why it is mandated, and list books or authorities that support your request." Docket 122-1 at 2-3. Defendants maintain that the DOC does not require proof that requests are mandated. Docket 88 ¶ 12. Defendants only inquire about the basis of the request. Id.
Docket 121 at 4. Defendants dispute that they "take away" an inmate's religion. Docket 109 ¶ 15. If an inmate is placed on cell restriction for a full week or more, the inmate can attend one religious group meeting. Id. Inmates are automatically prevented from attending their religious group meeting if they miss group two times in a row. Docket 122-1 at 3. The SDSP Cultural Activities Sign-Up form includes the following:
Third, Shaw claims Kaemingk, Dooley, Young, Drieske, Stanwick-Klemik, and Mertens-Jones caused him to wait four months for religious requests to be considered and he did not always receive a response. Docket 1 ¶ 62(c). Defendants dispute that Shaw had to wait four months, because they review applications quarterly. Docket 88 ¶ 15. None of the applications Shaw submitted as exhibits were returned more than twenty-five days after submission. See Docket 122-1. Shaw does not identify or describe any of the applications defendants failed to return. See Dockets 1 and 121.
Fourth, Shaw claims Kaemingk, Dooley, Young, Drieske, Stanwick-Klemik, and Mertens-Jones forced Shaw to wait an entire year to celebrate a single religious holiday when he is mandated to celebrate many, including eight Sabbats and thirteen Ebats. Docket 1 ¶ 62(d). And Drieske, Stanwick-Klemik and Mertens-Jones have denied Shaw the ability to celebrate the Sabbats and Esbats with Ritual and Feast. Id. ¶ 74. The Wiccan group celebrates Sabbats and Esbats during the year at their regularly scheduled meetings. Docket 88 ¶ 23. The Wiccan group also has annual ceremonial meals for Yule and Samhein. Id. The project applications Shaw submitted on behalf of the Hill Wiccan group show that defendants approved a ceremonial meal for Yule and Samhein. See Docket 122-1 at 22-23. Defendants also approved cake and ale for Sabbats and Esbats. See Id. at 18-21, 24; Docket 122-3 at 1.
Fifth, Shaw claims Kaemingk, Dooley, Young, Drieske, Stanwick-Klemik, and Mertens-Jones only allow him one day a week for group worship when he is mandated to meet three times a week with additional time for holidays. Docket 1 ¶ 62(f). The Wiccan group at MDSP is allowed one, three-hour meeting time per week to meet as a religious group for worship and study time. Id. The Wiccan group at SDSP that Shaw can attend is allowed two ninety-minute meetings per week to meet as a religious group for worship and study time. Id. There are 100 religious group activities each week at the SDSP. Docket 109 ¶ 26. These meetings are limited by available time and space. Id. Holiday celebrations often occur in addition...
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