Thompson v. Com. of Ky., 81-5156

• Decision Date: 26 July 1983
• Docket Number: No. 81-5156,81-5156
• Citation: 712 F.2d 1078
• Parties: James M. THOMPSON, et al., Plaintiffs-Appellants, v. COMMONWEALTH OF KENTUCKY, et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 1078

712 F.2d 1078

James M. THOMPSON, et al., Plaintiffs-Appellants, v. COMMONWEALTH OF KENTUCKY, et al., Defendants-Appellees.

No. 81-5156.

United States Court of Appeals Sixth Circuit.

Argued March 22, 1982.

Decided July 26, 1983.

Leslie W. Abramson, University of Louisville School of Law, Joseph S. Elder, II, Legal Aid Soc., Inc., Paul Porter (argued), Louisville, Ky., for plaintiffs-appellants.

Paul F. Isaacs, Barbara H. Willett (argued), Dept. of Justice, Frankfort, Ky., Adjoa Burrow, Sp. Litigation Section, Civil Rights Div., U.S. Dept. of Justice, Washington, D.C., Oliver H. Barber, Jr., Thomas Banazynski, Gittleman, Charney & Barber, Louisville, Ky., Richard Burr, Southern Prisoner's Defense Committee, Nashville, Tenn., John L. Smith, U.S. Atty., Hancy Jones III, Asst. U.S. Atty., Louisville, Ky., for defendants-appellees.

Before MERRITT and JONES, Circuit Judges, and WEICK, Senior Circuit Judge.

MERRITT, Circuit Judge.

In this prisoners' rights case, ¹ the plaintiffs--Muslim inmates who follow the Islamic religion--claim that the defendants have infringed their First Amendment right to freedom of religion by denying equal religious liberty and have engaged in religious discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment. Upon cross-motions for summary judgment, the District Court found that no issues of material fact remained in dispute and awarded judgment in favor of the defendants. Plaintiffs appeal that decision, contending that a material issue--the actual number of inmates who regularly use the prison chapel--must still be determined. Because we do not believe that the case requires such a determination, we affirm the judgment of the District Court.

The District Court rejected the Muslim inmates' claims that the prison officials acted unconstitutionally in restricting plaintiffs' opportunities for group prayer and allocating facilities and funds among the various religious groups represented in the prison. These claims stem from the following undisputed allegations: that the prison administrators have allocated 23 1/2 hours of chapel time per week for Christian groups while setting aside only 6 1/2 hours per week for the Muslim inmates; and that the institution has hired one part-time and two full-time Christian Chaplains (all three of whom are Baptists) while providing no funds for a Muslim leader. Thus the basic claims in the case involve equality of treatment.

Although the prison administration had formerly given the Muslim inmates access to a room where they could meet for group prayer, the District Court found that demands by several other religious groups for similar rooms had prompted the administration to revoke plaintiffs' special room privileges in order to preserve equal treatment of all religions. The administration did, however, allow the Muslims to meet regularly for group prayer outside the chapel. The District Court found that approximately 25 Muslim inmates use the chapel. Citing Chaplain Dent's deposition that approximately 190 inmates "are involved in some way in the chapel," the court concluded that the difference in the amounts of time allocated to the Christian and Muslim groups did not amount to a deprivation of the latter's First Amendment right to exercise their religion, especially in view of one of the named plaintiffs' testimony that the Muslim inmates could fulfill their prayer obligations by praying together in the dormitories.

Similarly, the District Court found that the prison's policy regarding the allocation of chapel time and funds for religious activities did not violate the Equal Protection Clause because the allocations reflected the different numbers of Christians and Muslims who used the chapel. The court further observed that the prison policy of denying the Muslims a separate room for group prayer actually represented an attempt to treat all religious groups equally. Accordingly, the court found that the plaintiffs had failed to demonstrate any discrimination by the prison authorities against the Muslim religion.

Plaintiffs renew both the free exercise and the equal protection arguments on appeal. They have not, however, argued that defendants' manner of allocation of resources for religious activities constitutes a violation of the Establishment Clause of the First Amendment, and we, therefore, do not reach this issue. The question whether Kentucky has imposed the Baptist denomination of the Christian religion on the inmates at the LaGrange Reformatory by hiring only Baptist ministers and has thereby violated the Establishment Clause, see A. Schwartz, No Imposition of Religion: The Establishment Clause Value, 77 Yale L.J. 692, 720 (1968), leads into a difficult area, an area of tension between the Free Exercise and Establishment Clauses of the First Amendment. See L. Tribe, American Constitutional Law 815 (1978) (noting First Amendment difficulty presented by government's employment of military chaplains). We, therefore, confine ourselves to consideration of the narrow free exercise and equal protection arguments that plaintiffs have presented to us and reserve other questions for another day.

Free Exercise Claim

While in prison, inmates retain certain constitutional rights, including the right to exercise their religious beliefs. Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972); Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964). However, the proposition that "inmates retain certain constitutional rights does not mean that these rights are not subject to restrictions and limitations." Bell v. Wolfish, 441 U.S. 520, 545, 99 S.Ct. 1861, 1877, 60 L.Ed.2d 447 (1979). Although prisoners obviously do not retain the same freedom to exercise their religion as they would in the world outside the prison, they may not be denied basic rights of conscience.

In Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972), the Supreme Court reversed the dismissal of a complaint alleging that prison officials had denied a Buddhist inmate access to the prison chapel; had placed him in solitary confinement on a diet of bread and water for two weeks because he had shared his Buddhist religious material with other inmates; and had prohibited him from corresponding with his religious advisor. The Court held that Cruz's complaint stated a cause of action under the Free Exercise Clause. Similarly, in Cooper v. Pate, 378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964), the Court recognized a cause of action on the part of an inmate who claimed that, because of his religious beliefs, he had been denied permission to purchase certain religious publications and other privileges accorded other inmates.

In the instant case, by contrast, plaintiffs do not claim that they have been denied the opportunity to practice their religion or that they have incurred punishment for doing so. On the contrary, plaintiffs concede that they are permitted to use the chapel 6 1/2 hours per week and that the administration admits a Muslim leader from outside the prison to assist them in practicing their religion. See Deposition of Kevin Louis Jones, a/k/a Farid Abdul Rashid Muhammad at 59. Because plaintiffs have not been denied any basic right of conscience, we hold that they have failed to demonstrate any violation of the Free Exercise Clause. That provision does not require the prison officials to grant the Muslim inmates more than 6 1/2 hours of chapel time per week. Nor does it require the defendants to provide a Muslim leader at state expense any more than it requires them to provide a Catholic Priest or a Jewish rabbi or a minister for all of the various denominations of the Protestant religion. See Bethea v. Daggett, 329 F.Supp. 796 (N.D.Ga.1970), aff'd per curiam, 444 F.2d 112 (5th Cir.1971) (no free exercise violation where Muslim inmates permitted to hold two meetings per week, select one of their number to serve as religious leader, and reproduce and distribute religious materials). The Free Exercise Clause guarantees a liberty interest, a substantive right; that clause does not insure that all sects will be treated alike in all respects.

Equal Protection Claim

Although plaintiffs concede that they have not been barred from pursuing their religious beliefs, they argue that the prison officials have given them a disproportionately small share of the resources available for religious activities. The District Court rejected this claim because it found that the Muslim inmates constituted only 25 out of the approximately 190 inmates who used the chapel. Plaintiffs maintain that the latter figure does not reflect the number of inmates who use the chapel on a regular basis, the number that, according to plaintiffs, is the relevant figure for determining whether an equal protection violation has occurred. Because the record does not contain such a figure, plaintiffs request that the case be remanded to the District Court for determination of "the actual number of Christians and Muslims" in the prison. (Plaintiffs' brief at 16.) ²

We reject plaintiffs' argument for several reasons. First, we do not think that either the prisons or the courts must engage in the type of strict numerical analysis that plaintiffs propose or create a system of ratios or quotas in order to comply with the dictates of the Equal Protection Clause. Requiring prisons to maintain comprehensive records as to the religious composition of their populations and to allocate resources for religious activities accordingly would undoubtedly spark countless claims by various groups that they were not receiving their fair share. Moreover, predicating resource allocation on such an elusive standard as the numbers of regularly practicing inmates would compel prison officials and courts to scrutinize the consistency of individual inmates' religious practices and to decide controversies regarding the precise contours of the various...