Youngbear v. Thalacker

• Decision Date: 08 November 2001
• Docket Number: No. C 99-3027-MWB.,C 99-3027-MWB.
• Citation: 174 F.Supp.2d 902
• Parties: James YOUNGBEAR, Robert Youngbear, and Robert Strongheart, Plaintiffs, v. John A. THALACKER, Ernie Owens, and David Costello, Defendants.
• Court: U.S. District Court — Northern District of Iowa

174 F.Supp.2d 902

James YOUNGBEAR, Robert Youngbear, and Robert Strongheart, Plaintiffs, v. John A. THALACKER, Ernie Owens, and David Costello, Defendants.

No. C 99-3027-MWB.

United States District Court, N.D. Iowa, Central Division.

November 8, 2001.

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Patrick Ingram, Mears Law Office, Iowa City, IA, for Plaintiffs.

Layne M. Lindebak, Asst. Iowa Atty. General, Des Moines, IA, for Defendants.

MEMORANDUM OPINION REGARDING TRIAL ON THE MERITS

BENNETT, Chief Judge.

                                        TABLE OF CONTENTS
                  I. INTRODUCTION AND BACKGROUND ............................................... 907
                 II. FINDINGS OF FACT .......................................................... 908
                III. LEGAL ANALYSIS ............................................................ 912
                     A. First Amendment Claim .................................................. 912
                        1.  Turner Analysis .................................................... 913
                        2.  First Turner factor ................................................ 914
                        3.  Second Turner factor ............................................... 915
                        4.  Third Turner factor ................................................ 915
                        5.  Fourth Turner factor ............................................... 915
                     B. Equal Protection Claim ................................................. 915
                     C. Qualified Immunity ..................................................... 916
                        1. Scope and purpose of qualified immunity ............................. 916
                        2. The court's inquiry ................................................. 918
                 IV. CONCLUSION ................................................................ 920
                

The issue of the right of inmate practitioners of the Native American religion to have access to a sweat lodge has been the subject of widespread and pervasive litigation over the past decade. See e.g., Rich v. Woodford, 210 F.3d 961 (9th Cir.2000) (dissent from refusal to rehear case en banc in which a condemned man had sought to take part in a sweat lodge ceremony prior to his execution); McElhaney v. Elo, 202 F.3d 269, 2000 WL 32036, at *4 (6th Cir. 2000) (unpublished decision affirming the granting of summary judgment for defendant prison officials on First Amendment claim that plaintiff's free exercise of religion rights were denied by lack of access to a sweat lodge); Swan v. Smith, 129 F.3d 127, 1997 WL 697802 (9th Cir.1997) (unpublished opinion considering prisoner's claim that his constitutional rights were violated when he and other close custody inmates were not allowed to attend sweat lodge ceremonies); Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir.1997) (affirming the granting of summary judgment in favor of prison officials where district court determined that denial of extended daily access to sweat house was rationally related to legitimate penological interests); Cubero v. Burton, 96 F.3d 1450, 1996 WL 508624, at *1 (7th Cir.1996) (unpublished decision considering claims that prison officials interfered with inmates' First Amendment right to practice their Native American religion by denying them religious materials, permission to "smudge" in their rooms, and temporarily closing sweat lodge at prison); Hamilton v. Schriro, 74 F.3d 1545 (8th Cir.) (considering Native American inmate's claim that prison officials violated his First Amendment right to free exercise of religion by denying him access to sweat lodge), cert. denied, 519 U.S. 874, 117 S.Ct. 193, 136 L.Ed.2d 130 (1996); Werner v. McCotter, 49 F.3d 1476, (10th Cir.) (holding that absence of evidence as to governmental interest and burden associated with provision of sweat lodge to facilitate exercise of Native American shamanism precluded summary judgment for prison officials), cert denied sub nom. Thomas v. McCotter, 515 U.S. 1166, 115 S.Ct. 2625, 132 L.Ed.2d 866 (1995); Thomas v. Gunter, 32 F.3d 1258, 1261 (8th Cir.1994) (holding that prison officials would not be entitled to qualified immunity for violating prisoner's rights to free exercise of religion unless rational relationship could be shown between legitimate penological interests and denial of access to prison sweat lodge for prayer); McKinney v. Maynard, 952 F.2d 350, 351 (10th Cir.1991) (inmate sought declaratory and injunctive relief to permit the construction of a sweat lodge at correctional facility), overruled by McAlpine v. Thompson, 187 F.3d 1213 (10th Cir.1999); Allen v. Toombs, 827 F.2d 563, 565 & nn. 5, 9 (9th Cir.1987) (upholding regulations denying access to the sweat lodge by high security inmates but allowing weekly access by general prison population).

In this case, the court must determine whether correctional officials' year-long delay in the construction of a sweat lodge, used for conducting ceremonies of the Native American religion, at a newly opened correctional facility, was violative of plaintiffs' right to free exercise of religion under the First Amendment and equal protection under the Fourteenth Amendment.

I. INTRODUCTION AND BACKGROUND

On April 22, 1999, plaintiffs James Youngbear, Robert Youngbear, and Robert Strongheart filed their complaint in this lawsuit pursuant to the Civil Rights Act of 1871, 42 U.S.C. § 1983, against defendants John A. Thalacker, Ernie Owens, and David Costello.¹ Plaintiffs, all Native Americans presently incarcerated at the Fort Dodge Correctional Facility ("FDCF"), Fort Dodge, Iowa, assert that defendants, all Iowa prison officials at FDCF, violated their First Amendment right to free exercise of religion by delaying construction of and access to a sweat lodge.² Plaintiffs also allege that defendants violated their Equal Protection rights under the Fourteenth Amendment to the United States Constitution by providing members of other religions the opportunity to conduct services while denying the same opportunity to plaintiffs to conduct a Native American religious service. Defendants filed their answer in this matter on November 8, 1999. In their answer, defendants denied plaintiffs claims, and asserted the affirmative defense of qualified immunity.

This case was tried to the court on October 16, 2001, in Sioux City, Iowa. The court exercised jurisdiction pursuant to 28 U.S.C. § 1331. Plaintiffs were represented by Patrick Ingram of Mears Law Office, Iowa City, Iowa. Defendants were represented by Assistant Attorney General Layne M. Lindebak, Des Moines, Iowa.

The court will begin with its findings of fact and then turn to its legal analysis and conclusions of law regarding plaintiffs' claims. If the court concludes that defendants are liable on any of the legal theories asserted by plaintiffs, it will determine whether defendants have established their affirmative defense of qualified immunity. Finally, if the court concludes that defendants are liable on any of the legal theories and not entitled to qualified immunity, the court will determine what remedies are available and appropriate under the circumstances.

II. FINDINGS OF FACT

The Fort Dodge Correctional Facility ("FDCF"), Fort Dodge, Iowa, opened in April of 1998. FDCF is a medium level correctional facility. At the time FDCF opened, it did not have a sweat lodge. A sweat lodge is used by members of the Native American religion as the heart of their purification ceremony. A sweat lodge consists of an oval, dome shaped structure made using willow saplings as the frame. The sweat lodge structure was traditionally covered by animal hides but is now often covered by canvas. Inside the sweat lodge a pit is dug in which rocks are placed after being heated in a fire pit outside the structure. The Iowa Department of Corrections knew when the FDCF opened that it would require a sweat lodge. It could also have reasonably anticipated having Native American inmates incarcerated at that facility within thirty days of its opening.

Plaintiffs James Youngbear, Robert Youngbear, and Robert Strongheart are inmates at the FDCF. Robert Youngbear was transferred to the FDCF on June 24, 1998. Approximately a month later, on July 29, 1998, James Youngbear was transferred to the FDCF. Robert Strongheart arrived at the FDCF on December 16, 1998. Plaintiffs are all members of the Native American religion All three plaintiffs practiced the Native American religion before being incarcerated. Plaintiffs James Youngbear and Robert Youngbear had each been involved in the construction of sweat lodges before being incarcerated. All three plaintiffs hold sincere beliefs in the Native American religion.

Defendant John Thalacker is the FDCF's warden. Defendant Ernie Owens was hired in September 1998, as the first treatment manager for the FDCF. Before working at the FDCF, defendant Owens was a substance abuse counselor at the Clarinda correctional facility, Clarinda, Iowa. Defendant Owens's responsibilities as a treatment manager at the FDCF included work programs, private sector jobs, and religious activities at the FDCF. Defendant Owens's duties at Clarinda did not involve supervision of the Native American religious activities at that correctional facility. There were five to ten Native American inmates at the FDCF when Owens arrived there.

On September 9, 1998, inmate Kenneth Frazier submitted a written request for services in the Native American religion at the FDCF to Marry Dix, the treatment director at the FDCF.³ At the time of Frazier's request, defendant Owens was in his orientation process. Owen met with Frazier on October 5, 1998, and discussed Frazier's request. Frazier also requested that until a sweat lodge could be constructed at the FDCF that the Native American inmates be permitted to meet for one hour each week. Owen stressed to Frazier the need for the FDCF to have a consultant to advise the institution on how to start and maintain Native American religious services. Owens wanted the assistance of a Native American...