Davis-Bell v. Dahne

REY DAVIS-BELL, a/k/a BILAL IMAN, Plaintiff, v. D. DAHNE, et al, Defendants.

Case No. 3:17-cv-05319-BHS-TLF

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

July 18, 2018

REPORT AND RECOMMENDATION CONCERNING MOTIONS FOR SUMMARY JUDGMENT

Noted for August 3, 2018

This matter is before the Court on plaintiff's motion for summary judgment (Dkt. 49) and defendants' cross motion for summary judgment (Dkt. 64). Plaintiff filed the lawsuit under 42 U.S.C. § 1983 for alleged violations of his First Amendment freedom of speech, expression, and religion rights, and his rights under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). Dkt. 44, Amended Complaint.

Mr. Iman seeks injunctive relief - first, he asks the Court to order the Washington State Department of Corrections (D.O.C.) to give him the ability to use his legal, religious name (Bilal Iman), as an AKA placed on the front of his offender identification badge. He asks to have his religious name located under his name that was used in the criminal case that caused him to be committed to the D.O.C. (Rey Davis-Bell, his "committed name"). Second, Mr. Iman asks the Court to order D.O.C. to recognize his legal religious name, and to give him the practical ability within D.O.C. to use that name in all services he uses during his incarceration. Dkt. 44, Amended Complaint at 4. He also seeks a declaratory judgment stating that the failure to place his legal religious name as an AKA on his ID card and refusal to allow him to use that AKA to obtain all services related to his incarceration, violates his First Amendment and RLUIPA rights. Dkt. 44 at 15. In addition, Mr. Davis-Bell asks for nominal and punitive damages, filing fees, court costs, and attorney's fees. Id. at 16.

This matter has been referred to the undersigned Magistrate Judge. Mathews, Sec'y of H.E.W. v. Weber, 423 U.S. 261 (1976); 28 U.S.C. § 636(b)(1)(B); Local Rule MJR 4(a)(4). Plaintiff has moved for summary judgment (Dkt. 49) and defendants have filed a cross motion for summary judgment (Dkt. 64). In their cross motion, defendants argue the claims against them should be dismissed because plaintiff: (1) fails to present evidence to support a RLUIPA claim; (2) fails to establish defendants knowingly placed a substantial burden on his exercise of religion; and (3) fails to allege personal participation on defendants' part. Defendants further argue they are entitled to qualified immunity.

Plaintiff has failed to establish the personal participation of defendants Dahne, Gilbert, and Thrasher, and therefore summary judgment is appropriate as to those defendants as to the lawsuit for damages in their individual capacities. As to the lawsuit for declaratory and injunctive relief, plaintiff has not shown that these defendants have authority in their official capacities to implement the relief he seeks. Therefore, all claims against them should be dismissed with prejudice. In addition, defendant D.O.C. is not a "person" under 42 U.S.C. § 1983, summary judgment in favor of defendants is warranted as to the State. For these reasons, as discussed below the undersigned recommends the Court grant defendants' cross motion for summary judgment, deny plaintiff's motion for summary judgment, and dismiss this case with prejudice.

I. FACTUAL AND PROCEDURAL HISTORY

Plaintiff currently is an inmate at the Monroe Correctional Complex, located in Monroe, Washington. In January 2015, plaintiff - then an inmate at the Washington State Penitentiary ("WSP") in Walla Walla - legally changed his name from Rey Alberto Davis-Bell to Bilal Abdullah Iman. Dkt. 52, Declaration of Bilal Abdullah Iman (Iman Decl.), Dkt. 52-1, Appendix A, at 2-5. Plaintiff asserts that he changed his name to remain in accordance with his religious faith and practice, Sunni Muslim. Dkt. 52-1, Appendix A at 2.

The WSP Superintendent's Office¹ informed plaintiff that it had received the court order effecting his name change, and that the name "Bilal Addullah Iman" had been added to his file as an alias. Dkt. 52-1, Appendix B, memorandum dated January 28, 2015, at 7. The Superintendent's Office also informed Mr. Iman that pursuant to Washington State Department of Corrections ("D.O.C.") Policy 400.280, he must use the name under which he was committed to the D.O.C. for: (1) any written or verbal communication with D.O.C. employees, (2) any matter relating to his incarceration, and (3) the United States Mail, but for mailing he may use an "AKA" designation after his committed name for his legally changed name.² Id.

The Superintendent's Office also informed Mr. Iman that WSP staff would not refer to him by his legally changed name, and that all D.O.C. business would be conducted using his committed name. Id. It further informed Mr. Iman that his legally changed name would not be placed on his prison ID card, because it was not his committed name. Id. Lastly, it notified Mr. Iman that his committed name would remain in his file, although his legally changed name would be listed as an alias. Dkt. 52-1 at 7.

In September 2015, plaintiff - who at that point was incarcerated at the Stafford Creek Corrections Center ("SCCC"), located in Aberdeen, Washington - submitted an "offender's kite," requesting that his legally changed name be included as an AKA on his ID card along with his committed name. Dkt. 52-1 at 8. A response from an SCCC staff member, C. Edwards,³ informed plaintiff that pursuant to D.O.C. Policy 400.280 his AKA would not be added to his ID card. Id.

That same month, plaintiff submitted an "offender complaint" to the SCCC's grievance coordinator, defendant D. Dahne, requesting that his legally changed name be added as an AKA under his committed named on his ID card. Id. at 10. In response, defendant Dahne informed plaintiff that per D.O.C. Policy 400.280, he was required to use his committed name. Id. at 10-11. Plaintiff appealed defendant Dahne's response, which was denied by defendant Margaret Gilbert, the SCCC Superintendent. Id. at 12.

A further appeal was denied by (then acting) Assistant Secretary/Deputy Director/designee of the D.O.C., Scott Russell.⁴ Id. at 13. In an email to another D.O.C. employee, Rebecca A. Citrak, regarding plaintiff's complaint, D.O.C. Manager defendantTimothy Thrasher states: "I have reviewed your grievance as well as your appeals and responses. I concur with the previous responses you have received. Nothing further will be done in regards to this grievance." Dkt. 44 at 3; 52-2 at 5; Dkt. 83, Plaintiff's Response Brief, at 77. No additional appeals by plaintiff or administrative action by the D.O.C. appear to have been taken following that email.

Plaintiff states his religious faith requires every aspect of his life to be in accordance with Islam. Dkt. 44 at 37; Dkt. 52-2 at 12. Plaintiff asserts that he must submit his whole self to Allah, including taking a name that fulfills his religious duties to Allah. Dkt. 44 at 37; Dkt. 52-2 at 12. His legal religious name change is a practice and expression of his faith. Id. Plaintiff asserts that by not being allowed to have his legal changed religious name on his prison ID card, his ability to practice his faith, as well his free speech and freedom of expression rights, have been burdened. Id.

The D.O.C. uses the Washington Offender Management System ("WOMS") to assign ID cards to inmates. Dkt. 65, Declaration of Charlotte Headley (Headly Decl.) at 2. The WOMS is a badging program the D.O.C. purchased from a vendor and implemented in 1999. Id. The ID cards contain personal characteristic fields consisting of photo, name, date of birth, hair and eye color, height, and weight. Id. The fields are limited to a specific number of characters. Id.

According to Charlotte Headley, the D.O.C.'s Security Management Unit Manager, these personal characteristics "are necessary identifiers for offender access and control of movement within prison facilities." Id. Further, "[a]ccurate information is necessary to ensure appropriate security levels are assigned/maintained." Id. Accurate information also influences a number of other safety and administration outcomes such as housing assignments, transportation standards, Prison Rape Elimination Act ("PREA") risk assessments, risk mitigation assessments necessaryfor employee safety, offender work assignments, and other security measures necessary to safely incarcerate offenders. Id.

The D.O.C. lacks the ability to alter the prison ID card personal characteristics fields, which instead must be done by the WOMS vendor. Id. Ms. Headley states that "preliminary conversations" regarding AKA information being added to the ID cards include a reconfiguration of the cards, recoding the badging program, and "modifying necessary input screens." Id. The estimated cost for making these changes is "upwards of $100,000," and would "impact the entire D.O.C. badging system." Dkt. 65, Headley Decl. at 2.

In addition, Ms. Headley states that "[t]echnology upgrades to accommodate adding AKA information would also compel modification/upgrades to other compatible programs which use offender identification as a means to provide access" to services relating to offender meals and compensation, prison work sites, and Washington State Library Services. Id. She further states that an inter-agency agreement through which the Washington State Department of Licensing accepts prison ID cards upon offender release may not be sustainable if these changes are made, although this possibility has not been investigated. Id. at 3.

Ms. Headley also asserts that "[b]ecause of the high costs associated with obtaining new software to add an AKA to the front of an ID card, the [D.O.C.] will permit inmates who obtain legal name changes through a court order, to have their legal name added to the back of the card using a label maker." Id. According to Ms. Headley, inmates that have their legally changed names added in this manner, will be ...