Pugh v. Goord

Page 477

571 F.Supp.2d 477

Thomas PUGH, Jr., and Clay Chatin, Plaintiffs, v. Glenn S. GOORD, Commissioner of the New York State Department of Correctional Services; Warith Deen Umar, Former Ministerial Program Coordinator for Islamic Affairs; Mark Leonard, Director of Ministerial and Family Services; John R. Lo-Conte, Former Director of Ministerial and Family Services; Frank Headley, Former Deputy Commissioner for Program Services; John Nuttal, Deputy Commissioner for Program Services and Former Assistant Commissioner for Program Services; William Mazzuca, Superintendent of Fishkill Correctional Facility; Ada Perez, Former Deputy Superintendent for Program Services at Fishkill Correctional Facility; and Jimmie Harris, Deputy Superintendent for Program Services at Fishkill Correctional Facility and Former Director of Ministerial and Family Services; Defendants.

No. 00 Civ. 7279(RJS).

United States District Court, S.D. New York.

July 31, 2008.

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Aaron O. Lavine, Esq., and Amy E. Howlett, Esq., Sullivan & Cromwell, LLP, New York, NY, for Plaintiffs.

Mark T. Walsh, Esq., Gleason, Dunn, Walsh & O'Shea, Albany, NY, for Defendant, John R. LoConte.

Warith Deen Umar, Defendant, pro se.

Leonard A. Cohen, Esq. and Michael J. Keane, Esq., Office of the Attorney General of the State of New York, New York, NY, for Defendants.

MEMORANDUM AND ORDER

RICHARD J. SULLIVAN, District Judge:

Plaintiffs Thomas Pugh, Jr., and Clay Chatin, each currently or previously incarcerated by the New York State Department of Correctional Services ("DOCS"), bring this action against defendants Glenn S. Goord, Warith Deen Umar, Mark Leonard, John LoConte, Frank Headley, John Nuttal, William Mazzuca, Ada Perez, and Jimmie Harris (collectively "Defendants")¹ alleging under 42 U.S.C. § 1983 violations of their constitutional and statutory rights to free exercise of Shi'a Islam² and to be free from the establishment of the Sunni branch of Islam under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"), 42 U.S.C. § 2000cc, and the First and Fourteenth Amendments to the Constitution of the United States. Specifically, plaintiffs claim that the failure of DOCS to mandate separate Friday prayer services (known as "Jumah" services) for Shi'ite inmates, independent of Sunni participation, violates their constitutional and statutory rights. Plaintiffs seek declaratory and injunctive relief, compensatory, nominal, and punitive damages, and an award of attorneys' fees and costs.

Before the Court are two motions for summary judgment on all claims—one by defendant John LoConte, and another by defendants Goord, Leonard, Headley, Nuttal, Mazzuca, Perez, and Harris (collectively "State Defendants").³ Defendant Warith Deen Umar is proceeding pro se in this case and has not moved for summary judgment nor joined in either of the motions.

For the reasons that follow, both motions are granted in part and denied in part. Specifically, defendants' motion to dismiss plaintiff Chatin's claims for injunctive relief on the basis of mootness is granted. In addition, summary judgment in favor of all defendants is granted on plaintiffs' RLUIPA claims to the extent plaintiffs seek to recover monetary damages on that claim. In all other respects, defendants' motions for summary judgment are denied.

I. BACKGROUND

A. The Facts

The following is a recitation of those facts relevant to the resolution of the summary judgment motions. The Court shall view these facts in the light most favorable to plaintiffs, as it must on a motion for summary judgment. See Amnesty Am. v. Town of West Hartford, 361 F.3d 113, 122 (2d Cir.2004).

1. The Plaintiffs

Plaintiff Pugh is an inmate currently in the custody of DOCS and housed at Adirondack Correctional Facility. (See Defs.' 56.1 ¶ 2; Keane Decl. ¶ 2, Ex. B.)⁴ Pugh formerly resided at both Mid-Orange Correctional Facility in Orange County, New York ("Mid-Orange") and Fishkill Correctional Facility in Dutchess County, New York ("Fishkill"). (See Second Am. Compl. ¶ 5.) Plaintiff Chatin is a former inmate of DOCS, having been released on or about October 18, 2007. (See Keane Decl. ¶ 1, Ex. A.) Prior to his release, Chatin was housed at both Mid-Orange and Fishkill. (See Second Am. Compl. ¶ 6.) Original plaintiff Errol Ennis was deported, did not sign the Second Amended Complaint, and was terminated from this action on January 20, 2004. (See State Defs.' 56.1 ¶ 2, Ex. L.) Original plaintiff Edward Hamil stipulated to the withdrawal of all of his claims from the lawsuit in 2005. (See id. ¶ 2, Ex. N.)

Plaintiffs identify themselves as adherents of the Shi'a sect of Islam. (Pugh Decl. ¶ 1; Chatin Decl. ¶ 1.) Plaintiffs assert that they have brought this action "to vindicate their constitutional and statutory right to the free and equal exercise of the Shi'ite Muslim religion, and to be free from the establishment of the Sunni Muslim religion, in prisons operated by [DOCS]." (Second Am. Compl. ¶ 1.) According to plaintiffs, there are important differences between the Shi'a faith and the Sunni faith, which require that Shi'ites be given separate accommodations, including their own prayer services. (See, e.g., Pugh Decl. ¶¶ 2, 5-7, 23, 26; Chatin Decl. ¶¶ 10-12, 15-18, 22-23.) Plaintiffs assert that, as Shi'ites, they are required to participate in a weekly communal prayer service, called the "Jumah" service, which must be led by a Shi'ite imam, or prayer leader. (See Pugh Decl. ¶¶ 11, 16, 18-21, 23-24; Chatin Decl. ¶¶ 2-5, 8-11, 18-19.)

2. The Protocol

Current DOCS policy on the accommodation of Shi'ites is governed by the "Protocol for Shi'ite Muslim Programs and Practices" (the "Protocol"). (See State Defs.' 56.1 ¶ 43 & Ex. C at Ex. 4 (the Protocol, dated October 26, 2001).) The Protocol was implemented in 2001 in response to concerns raised by Shi'ite inmates, including plaintiffs, concerning the treatment and accommodation of Shi'ites by DOCS, as well as the decisions in Cancel v. Goord, 181 Misc.2d 363, 365-66, 695 N.Y.S.2d 267 (Sup.Ct. Dutchess Cty.1999) and Cancel v. Goord, 278 A.D.2d 321, 323, 717 N.Y.S.2d 610 (2d Dep't 2000).⁵ (See State Defs.' 56.1 ¶¶ 36-37; Pls.' 56.1 Opp'n ¶ 37.) State Defendants assert that the Protocol "was developed through at least two years of review and consultation with major Islamic organizations in New York, including [the Al-Khoei Center for Islamic Studies] in the Spring and Summer of 2001." (State Defs.' 56.1 ¶ 49.) According to State Defendants, the purpose of meeting with representatives of the Al-Khoei Center, a Shi'ite mosque and educational center, was to develop a policy that would adequately accommodate Shi'ite inmates. (See State Defs.' 56.1 ¶ 38-41.) Following these consultations, DOCS adopted the Protocol and disseminated it to all DOCS facilities. (Id. at 43-44.) State Defendants contend that Al-Khoei supported the Protocol, and agreed with the conclusion that Shi'ites and Sunnis could pray together at Jumah services.⁶ (Id. at 50-52.)

The Protocol first provides that "all Department employees, including Chaplains, and volunteer Chaplains, and all inmate facilitators, shall absolutely refrain from disparaging in any manner whatsoever, the doctrines, beliefs or teachings of any other religious faith, nor disparage any inmate or group of inmates for being adherents of any other religious faith, or sect." (Protocol, Article I.) Next, the Protocol instructs that DOCS will consult with "ecclesiastical authorities on Shi'ite Islam in the community-at-large" to obtain guidance and recommendations on the appropriate "texts, literature, [and] educational materials" for Shi'ite inmates, as well as recommendations for Shi'ite volunteer and employee Chaplains. (Id. at Article II.) The Protocol further provides that "Shi'ite Muslim inmates shall have the same rights as all other inmate faith groups to attend Shi'a Muslim religious education and study classes" as well as "the full and equal opportunity to participate in, without discrimination, the weekly Friday Jumah service for all Muslim inmates of a particular correctional facility." (Id. at Articles III, IV.) In addition, "Shi'ite Muslim Chaplains, whether they be employees or outside volunteers, shall be entitled to officiate at the weekly Jumah services in the same manner as any other Muslim chaplain or outside volunteer Chaplains." (Id. at Article IV.) Finally, under the Protocol, "[t]he Department shall revise its Religious Observance Calendar in consultation with its outside ecclesiastical authorities as referenced in Article II hereinabove, to include observances unique to Shi'ite Muslims, namely the observances of Ashura and the Id-ul-Ghadeer Khum." (Id. at Article V.)

State Defendants assert that, under the Protocol, Shi'ite inmates are given the option of attending congregate Jumah services on Fridays. (See State Defs.' 56.1 ¶ 13.) State Defendants also assert that DOCS provides classes and dietary accommodations for Shi'ites, as well as a Shi'ite chaplain who ministers to Shi'ite inmates. (Id. ¶¶ 16, 21.) They also contend that DOCS accommodates observances of religious holidays pursuant to the Protocol. (Id. ¶ 16.) State Defendants admit that Shi'ite Muslim inmates do not have their own separate Jumah service conducted by a Shi'ite cleric, but contend that plaintiff Pugh has conceded that Shi'ites can satisfy the Friday prayer obligations by praying the Zohr prayer alone in their cells. (Id. ¶ 111.)

3. Plaintiffs' Opposition to the Protocol

Plaintiffs object to the Protocol first because they contend that it does not go far enough in addressing their needs. Plaintiffs believe that as practicing Shi'ites, they are required to participate in a Friday Jumah prayer service led by a Shi'ite. (See Pls.' 56.1 ¶¶ 6, 9, 12-14; Pugh Decl. ¶¶ 11, 16, 18-21, 23-24; Chatin Decl. ¶¶ 2-5,...