Tormasi v. Lanigan

• Decision Date: 28 January 2019
• Docket Number: Civ. No. 18-1203 (FLW) (TJB)
• Citation: 363 F.Supp.3d 525
• Parties: Walter A. TORMASI, Plaintiff, v. Gary M. LANIGAN et al., Defendants.
• Court: U.S. District Court — District of New Jersey

363 F.Supp.3d 525

Walter A. TORMASI, Plaintiff,

v.Gary M. LANIGAN et al., Defendants.

Civ. No. 18-1203 (FLW) (TJB)

United States District Court, D. New Jersey.

Signed January 28, 2019

Walter A. Tormasi, Trenton, NJ, pro se.

Kai Wendell Marshall-Otto, Office of the Attorney General, Trenton, NJ, William F. Maderer, Ryan E. San George, Saiber LLC, Florham Park, NJ, for Defendants.

FREDA L. WOLFSON, United States District Judge

I. INTRODUCTION

Plaintiff, Walter A. Tormasi ("Tormasi" or "Plaintiff"), is a state prisoner, presently incarcerated at New Jersey State Prison ("NJSP"), in Trenton, New Jersey. He is proceeding pro se with a civil-rights complaint filed under 42 U.S.C. § 1983, the New Jersey Civil Rights Act ("NJCRA"), and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"). (Am. Compl., ECF No. 4.) Presently before the Court is a motion by defendants Gary M. Lanigan ("Lanigan"), Marcus O. Hicks ("Hicks"), Melinda Haley ("Haley"), Michelle Ricci ("Ricci"), and Carlos Negron ("Negron"), for dismissal of the Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 21.) Also before the Court is a motion to dismiss by defendant Dr. Abu Ahsan ("Ahsan"). (ECF No. 33.) Additionally, Tormasi has moved for default judgment against defendants Rabbi Yehuda Spritzer ("Spritzer") and Imam Jamal El-Shebli ("El-Shebli"). (ECF No. 58.) Those defendants, as well as defendant Steven Johnson have, meanwhile, procured representation by the same counsel representing Lanigan and other prison officials, and they have requested to vacate the entry of default and to join the first dismissal motion. (ECF No. 59.) For the following reasons, the entry of default against Spritzer and El-Shebli is VACATED, the motion for default judgment is DENIED, and the dismissal motions are GRANTED IN PART and DENIED IN PART.

II. BACKGROUND

A. Underlying Facts

Tormasi asserts that he is "actively, sincerely, and faithfully engaged in Jewish worship," but that, as he does not subscribe to any particular sect, he is "independently engaged in Jewish self-practice." (ECF No. 4 ¶ 21.) Tormasi represents that he studies the Torah for two hours every day and regards it as "the law of God as revealed to Moses and as recorded in the first five books of the Hebrew Scriptures." (Id. ¶ 22.) Tormasi explains that circumcision is one of Judaism's "highest commandments" and that, because of this, he "believes that circumcision is indeed commanded by God and, consequently, must be performed on him." (Id. ¶¶ 24–27.)

Accordingly, Tormasi asserts that, between March 2016 and November 2016, he sent letters to the various defendants, all officials or employees of New Jersey State Prison ("NJSP"), the New Jersey Department of Corrections ("NJDOC"), or Rutgers University Correctional Health Care ("UCHC"), which provides medical services at NJSP, requesting circumcision surgery consistent with his religious beliefs. (See id. ¶ 30.) These requests were unsuccessful; Tormasi alleges that the "Defendants failed to approve circumcision surgery and/or failed to take remedial action upon learning that circumcision surgery remained unapproved." (Id. ¶ 31.) He further notes that his request was specifically reviewed by the NJDOC's Religious Issues Committee ("RIC"), "which is responsible for rendering final administrative decisions on religious matters," but that the RIC unanimously denied it. (Id. ¶ 32.) Tormasi explains that the reasons variously given him for denial included that he needed a certification of necessity from a rabbi, that circumcision would not be approved unless Tormasi "submitted himself to an Orthodox-style rabbinical board," that he had not yet followed the steps for a religious conversion, and that circumcision surgery was not medically necessary. (Id. ¶ 35.)

Tormasi asserts that he subsequently sent various letters to the defendants disputing these denials and that he "exhausted all administrative remedies extended to him." (Id. ¶¶ 38–39.) He notes that, "before bringing suit against Defendants, [he] supplied all Defendants with copies of his administrative grievances and requested that they take steps to ensure that circumcision surgery was provided." (Id. ¶ 40.) He alleges that, "due to his imprisonment, [he] cannot obtain circumcision surgery without going through prison officials and associated medical personnel." (Id. ¶ 42.)

B. Procedural History

Tormasi commenced this action by filing a Complaint, accompanied by a full filing fee, on January 26, 2018. (Compl., ECF No. 1.) Shortly thereafter, Tormasi filed an Amended Complaint, which remains the operative pleading. (ECF No. 4.) The Amended Complaint alleges claims under § 1983, the NJCRA, and RLUIPA, against Lanigan, Hicks, Haley, Ricci, Steven Johnson, Negron, Spritzer, and El-Shebli (collectively, "the DOC Defendants"), as well as two other NJSP employees, Cynthia Johnson and Rev. Warren Wilcox, Jr., and various UCHC employees, being Dr. Ahsan, Joy Camarillo, A.P.N., Lance C. Carver, R.N., and Barbara Jordan, R.N.¹ (See id. ) He alleges that defendants Hicks, Haley, Ricci, Steven Johnson, Wilcox, Spritzer, and Negron composed the RIC and were responsible for final decisions as to inmate religious matters. (Id. ¶ 13; see also id. ¶¶ 32–33.) He further contends that Ahsan, as the medical director at NJSP, was "administratively and/or clinically responsible for the management and direction of the correctional facility's medical services." (Id. ¶ 17.)

Tormasi alleges that the refusal to "approve or provide circumcision surgery" substantially burdened his religious exercise, in violation of the Free Exercise Clause of both the United States and New Jersey constitutions and in violation of RLUIPA. (Id. ¶¶ 41, 43.) He also alleges that the refusal to approve circumcision surgery absent compliance with "formal Orthodox conversion protocols" constituted an improper attempt to impose the religious laws of Orthodox Judaism on Tormasi in violation of the Establishment Clause. (Id. ¶¶ 45–54.) Tormasi seeks, among other relief, a declaration that the defendants violated his constitutional rights, an injunction "requiring Defendants or their successors provide Plaintiff with circumcision surgery" and cover all costs except for five dollars, $ 1 million in compensatory damages, and $ 5 million in punitive damages. (Id. at 17–18.)

Defendants Lanigan, Hicks, Haley, Ricci, and Negron filed a motion to dismiss the Amended Complaint for failure to state a claim, under Rule 12(b)(6), arguing that Tormasi's claims are barred by qualified immunity, that he fails to plead a substantial burden on his religious practice under RLUIPA, and that he fails to allege exhaustion of administrative remedies. (ECF No. 21.) Ahsan separately moves to dismiss the Amended Complaint, adopting the arguments from the initial dismissal motion, but also making supplemental arguments that no plausible claim is stated against him as he had no authority to make decisions concerning religious circumcision, that he is shielded by qualified immunity, and that he placed no substantial burden on Tormasi's religious practice under RLUIPA. (ECF No. 33.) Tormasi filed briefs opposing the motions, (ECF Nos. 34 & 37), and the moving defendants filed replies, (ECF Nos. 40 & 41).² Tormasi subsequently filed an unpermitted supplemental letter brief in sur-reply. (ECF No. 61.)

Tormasi requested default against Spritzer and El-Shebli, who had not yet appeared. (ECF No. 51.) The Clerk entered default against those defendants for failure to plead or otherwise defend the action. (Clerk's Entry of Default (Dec. 17, 2018).) On January 9, 2019, Tormasi filed a motion for default judgment against Spritzer and El-Shebli. (ECF No. 58.) Tormasi subsequently filed a letter brief seeking to amend his motion, stating, "Insofar as § 1997e(g)(1) bars default judgments against non-replying defendants, I request that the Court ... requir[e] Defendants Spritzer and El-Shebli to reply to my Amended Complaint." (ECF No. 60.) Meanwhile, counsel for the DOC Defendants filed a letter brief seeking to vacate the entry of default against Spritzer and El-Shebli and to allow Spritzer, El-Shebli, and Steven Johnson to join the dismissal motion filed by the other DOC Defendants. (ECF No. 59.)

III. PRELIMINARY MATTERS

Although the motions and letters concern default as to Spritzer and El-Shebli and the request of those defendants and Steven Johnson to join the dismissal motion occurred after the bulk of the motion practice, it will simplify matters if these applications are addressed first. Under Federal Rule of Civil Procedure 55, the Court "may set aside an entry of default for good cause." Fed. R. Civ. P. 55(c) ; see also Mrs. Ressler's Food Prods. v. KZY Logistics, LLC , 675 F. App'x 136, 139 (3d Cir. 2017). In considering whether to vacate default, a court should consider (1) whether the plaintiff will be prejudiced by a vacatur of default, (2) whether the defendant has a meritorious defense, and (3) whether the defendant's culpable conduct led to the entry of default. See Feliciano v. Reliant Tooling Co. , 691 F.2d 653, 656 (3d Cir. 1982) ; see also Sourcecorp Inc. v. Croney , 412 F. App'x 455, 459 (3d Cir. 2011). Vacatur of a mere entry of default requires a less substantial showing than vacatur of a default judgment. See Feliciano , 691 F.2d at 656.

In assessing the first factor, I find that Tormasi would not be prejudiced by vacatur of the entry of default against Spritzer and El-Shebli. The action is still in a preliminary stage and Tormasi has walked back his demand for default judgment, noting he would instead accept an order requiring Spritzer and El-Shebli to answer. (See ECF No. 60.) Furthermore, Tormasi has consented to Spritzer and El-Shebli joining the pending dismissal motion. (See ECF No. 61 at ECF p. 3.)

Second, as established by this Opinion's analysis of the dismissal motions, infra , Spritzer and El-Shebli have at least some meritorious defenses...