Banks v. Beard

RONALD BANKS, Plaintiff v. SUPERINTENDENT JEFFREY A. BEARD, et al., Defendants

CIVIL NO. 3:CV-10-1480

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Dated: September 30, 2013

(Judge Munley)

MEMORANDUM

Plaintiff Ronald Banks ("Banks"), a Pennsylvania state inmate who, at all times relevant, was housed at the State Correctional Institution at Retreat ("SCI-Retreat"), Hunlock Creek, Pennsylvania, commenced this civil rights action on July 19, 2010. (Doc. 1.) The matter is presently proceeding via an amended complaint filed on July 14, 2011, wherein Banks alleges that while incarcerated in the Secure Special Needs Unit (SSNU) at SCI-Retreat, restrictions placed on his religious practices violated his First and Fourteenth Amendment Constitutional rights. (Doc. 37). Named as defendants are Secretary Jeffrey A. Beard ("Beard"), Reverend Ulrich Klemm ("Klemm"), Superintendent James J. McGrady ("McGrady"), Deputy Superintendent Michael K. Hoover ("Hoover") and Facility Chaplaincy Program Director Reverend John Ritchey ("Ritchey"). Before the court is a motion for summary judgment pursuant to Federal Rules of Civil Procedure 56, filed on behalf of all defendants. (Doc. 85.) For the reasons set forth below, the motion will be granted and judgment will be entered in favor of defendants and against Banks.

I. Summary Judgment Standard of Review

Through summary adjudication the court may dispose of those claims that do not present a "genuine issue as to any material fact" and for which a jury trial would be an empty and unnecessary formality. See FED. R. CIV. P. 56(c). The burden of proof is upon the non-moving party to come forth with "affirmative evidence, beyond the allegations of the pleadings," in support of its right to relief. Pappas v. City of Lebanon, 331 F. Supp. 2d 311, 315 (M.D. Pa. 2004); FED. R. CIV. P. 56(e); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). "'The non-moving party may not simply sit back and rest on the allegations in the complaint; instead, it must "go beyond the pleadings and by [its] own affidavits, or by the depositions, answers to interrogatories, and admissions on file, and designate specific facts showing that there is a genuine issue for trial.' Celotex [ ], 477 U.S. [ ] 324 [ ] (1986) (internal quotations omitted)." Schiazza v. Zoning Hearing Bd., Fairview Twp., York County, Pa, 168 F. Supp. 2d 361, 365 (M.D. Pa. 2001). This evidence must be adequate, as a matter of law, to sustain a judgment in favor of the non-moving party on the claims. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-57 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-89 (1986); see also FED. R. CIV. P. 56(c), (e). Only if this threshold is met may the cause of action proceed. Pappas, 331 F. Supp. 2d at 315.

II. Statement of Material Facts

Ramadan is the ninth month of the Islamic calendar. (Doc. 103, at ¶ 1; Doc. 128, at ¶ 1.) The Islamic faith has five main pillars, one of which is to fast during the month of Ramadan. (Id. at ¶ 2; Id. at ¶ 2.) Observing Ramadan is mandatory for all healthy adultMuslims. (Id. at ¶ 3; Id. at ¶ 3.) The Pennsylvania Department of Corrections ("DOC") provides the opportunity for all healthy adult Muslims to observe Ramadan. (Id. at ¶ 4; Id. at ¶ 4.) Islamic inmates housed in the Restricted Housing Unit ("RHU") or other Level 5 Housing units, such as the SSNU, can observe and fast during Ramadan. (Id. at ¶¶ 5-6; Id. at ¶¶ 5-6.) All inmates participating in Ramadan in the RHU are accommodated with being served their evening meal after sunset and with a sahur bag, the contents of which are to be consumed before sunrise, and are free to break their daily fast with water, as is religiously permitted and acceptable. (Id. at ¶¶ 7-8; Id. at ¶¶ 7-8.)

A. Feasts of Eid al-Fitr and Eid al-Adha

The "Festivals & Celebrations in Islam" pamphlet submitted by Banks states that "the major part of the celebration [of the Feasts of Eid al-Fitr and Eid al-Adha] is not eating or drinking - rather it is a prayer that brings the Muslims together to remember Allah's favors and celebrate His glory and greatness." (Doc. 129-19, at 4.) "These are very different from the celebrations in other nations and cultures." (Id.) Each festival marks the conclusion of a major act of worship, reflects determination to continue in obedience and submission to Allah, and is an occasion for increasing in good deeds. (Id.)

On Eid al-Fitr, which is celebrated on the first day of Shawwal, at the completion of Ramadan, Muslims show their joy for their health, strength and the opportunities of life which Allah has given to them to fulfill their obligation of fasting and other good deeds during the blessed month of Ramadan. (Doc. 103, ¶¶ 9-10; Doc. 128, ¶¶ 9-10.) The Muslim religion does not require participation in a feast or meal on Eid al-Fitr. (Doc. 103, ¶ 11.)"[T]he major part of the celebration is not eating or drinking - rather it is a prayer that brings the Muslims together to remember Allah's favors and celebrate His glory and greatness." (Doc. 129-19, at 4.) However, it is suggested that breakfast is eaten prior to prayer. (Doc. 129-27, at 1.)

Eid al-Adha is an Islamic festival to commemorate the willingness of Abraham to follow Allah's command to sacrifice his son. (Doc. 103, ¶ 12; Doc. 128, ¶ 12.) The Muslim religion does not require participation in a feast or meal on Eid al-Adha. (Doc. 103, ¶ 13.) Inasmuch as the feast involves the reward of the sacrifice or slaughter of an animal, the additional rewards may be attained by eating the meat, feeding family, sharing with friends and relatives, and giving some of it to charity. (Doc. 129-19, at 20.)

1. DOC Policies

Because the Commonwealth of Pennsylvania is responsible for providing three nutritionally balanced meals per day to all inmates, all inmates are provided the meals without cost. (Doc. 103, ¶ 26.) On the nationally-recognized holidays of Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas and New Year's Day, standard holiday menus are served at all state correctional institutions to all inmates at no cost to them. (Doc. 103, ¶¶ 46-47, 49; Doc. 128, ¶ 46.) There are no optional menu items available to be purchased on any of these holidays. (Id. at ¶ 50.) There is no standard holiday menu for Easter. (Id. at ¶ 48.)

The DOC has a policy applicable to all religious feasts, including Eid al-Fitr and Eid al-Adha. (Doc. 103, ¶ 14.) The policy provides that all menu items must be approved by theFood Service Manager of the facility and be purchased by the facility. (Id. at ¶ 15.) The menu items must be reviewed and approved by the DOC's registered dietician to verify that they meet or exceed the dietary allowances as stated in the Recommended Dietary Allowances, Food and Nutrition of the National Academy of Sciences. (Doc. 128, ¶ 15; Doc. 129-41, at 3.) Preparation of food items is the responsibility of the Food Service Manager and his/her staff. (Doc. 103, ¶ 16.) In addition, the policy provides that if the food items are those on the scheduled menu, inmates do not have to pay for their food to celebrate the feast; however, if the feast includes food items beyond those provided on the menu, the inmate participant is required to assume the cost. (Id. at ¶ 17.) While the Commonwealth is required to provide three nutritionally balanced meals per day to all inmates, the DOC's policy on optional menu items for feasts provides that inmates who wish to partake in an optional meal for a feast to honor a particular holy day, are responsible for purchasing the optional items. (Id., at ¶¶ 26-27.) An inmate who desires to participate in a feast that will have menu items not from the regular institutional menu is required to submit a DC-138A, Cash Slip, two months prior to the event to ensure that he has the necessary funds in his inmate account to pay for the menu items. (Id. at ¶ 18.)

In the case of feasts such as Eid al-Fitr and Eid al-Adha, the Islamic chaplain at the institution determines which Muslim inmates are observant and have sufficient funds on account to participate in the feast. (Doc. 103, ¶ 19.) The cost for participating in the feast is divided equally among inmates so that each participating inmate pays the same fee. (Id. at ¶ 20.) If the community decides to purchase optional food items, inmates with sufficient fundsin their inmate accounts are permitted to participate. (Id. at ¶ 23.) The Muslim community must agree on the same optional items for the feast; inmates may not order food items individually. (Id. at ¶ 22; Doc. 128, ¶ 22.) As the feasts approach, staff and inmates are advised of the approved optional menu items. (Id. at ¶ 21; Doc. 128, ¶ 21.) Inmates housed in the RHU, or any other Level 5 housing unit, such as the SSNU, who are observant inmates may participate by either a regular institutional menu tray or, if they have sufficient funds on account, by partaking in the previously agreed upon optional items. (Id. at ¶¶ 24-25.) A number of inmate religious communities opt to forego the purchase of optional food items so that inmates who lack funds nonetheless may participate. (Id. at ¶ 28.) At those institutions where the inmate religious community agrees to purchase optional food items, inmates who do not have funds may attend any services associated with the holy day. (Id. at ¶ 30.) However, for the feast associated with the holy day, these inmates are served the regular menu items served to the general inmate population and are not permitted to gather with other inmates to eat the optional food items which their religious community has elected to purchase. (Id. at ¶¶ 31, 33.) There is no religious group activity or prayers at the feasts which are missed by non-paying inmates. (Id. at ¶ 32.)

Pursuant to DOC Policy 3.1.1., Fiscal Administration, effective January 27, 2009, funds from the Inmate General Welfare Fund ("I.G.W.F.") may only be expended on approved categories...