Williams v. Bitner

359 F.Supp.2d 370

Henry WILLIAMS, Plaintiff v. Robert S. BITNER, et al., Defendants

No. CIV.A.1:01-CV-2271.

United States District Court, M.D. Pennsylvania.

February 22, 2005.

COPYRIGHT MATERIAL OMITTED

David L. Glassman, Lewisburg, PA, for Plaintiff.

Raymond W. Dorian, Office of Chief Counsel PA, Camp Hill, PA, Roman P. Storzer, Sara W. Clash-Drexler, Theodore C. Hirt, United States Department of Justice, Washington, DC, Anne K. Fiorenza, Office of the United States Trustee U.S. Attorney's Office, D. Brian Simpson, U.S. Attorney's Office, Harrisburg, PA, for Defendants.

MEMORANDUM

CONNER, District Judge.

Presently before the court is a motion for summary judgment by defendants, employees and officials of the Pennsylvania Department of Corrections. They argue that plaintiff Henry Williams ("Williams"), an inmate at a Pennsylvania corrections institution, has offered insufficient evidence to sustain his claims under 42 U.S.C. § 1983 for violations of his rights to free exercise of religion, protected by both the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc to 2000cc-5, and the First Amendment, and to due process of law, protected by the Fourteenth Amendment. The motion will be granted in part and denied in part.

I. Statement of Facts¹

Swine are considered unclean by many adherents to the Islamic faith, most of whom refuse to consume pork. Some read these creeds more strictly to prohibit handling or aiding others to consume pork in any circumstances. Williams ascribes to this interpretation, and has done so with apparent consistency throughout his incarceration. (Doc. 62, Ex. 1 at 6, 8-10, 16-17, 20-24; Doc. 62, Ex. 9 ¶¶ 16, 20; Doc. 67, Exs. D, M; Doc. 73, Ex. EE ¶¶ 6, 9).

When Williams was assigned to work as a cook by prison officials,² he expressed his concerns over contact with pork to the "head" inmate-cooks, who coordinated other inmates' daily responsibilities in the kitchen. He notified them that, as a practicing Muslim, he could not touch pork or assist in its preparation. They agreed to accommodate his concerns by transferring him to another assignment when pork was served for lunch. It is unclear from the record whether this accommodation was recognized by prison officials.³ (Doc. 67, Exs. B, C).

This arrangement apparently worked well until March 3, 2001. Williams's shift on this day started as normal; he worked as a cook in the morning and transferred to another position when lunch preparations involving pork commenced. Soon thereafter, however, defendant Scott Wyland ("Wyland"), one of the institution's food service instructors, noticed that there was a shortage of available inmate-cooks. Although the lunch preparations were half-complete and would likely be finished in time for meal service, he directed Williams to resume his position as cook and to assist in the dividing of pork rations. (Doc. 19 ¶¶ 30-31; Doc. 50 ¶¶ 30-31; Doc. 60 ¶ 13; Doc. 62, Ex. 1; Doc. 65 ¶ 13; Doc. 67, Exs. B, C).

Williams refused, citing his religious beliefs. Wyland reported this to defendant Gary Emel ("Emel"), the food service supervisor. Emel approached Williams and ordered him to assist in lunch preparations. Wyland indicated that Williams could wear gloves, an accommodation that other Muslim inmates had previously found acceptable. Williams again refused, stating that he would still be violating his faith by assisting others to consume pork. Emel responded by telling Williams that he was fired from his employment for failing to follow orders. He advised Wyland to issue a misconduct to Williams. (Doc. 19 ¶¶ 32-35; Doc. 50 ¶¶ 32-35; Doc. 60 ¶¶ 13-14; Doc. 62, Ex. 1; Doc. 63 ¶¶ 8-9; Doc. 65 ¶¶ 13-14).

Pursuant to institution policy, Wyland notified defendant, George Snedeker ("Snedeker"), a prison captain, of the incident and requested approval for issuance of a misconduct against Williams. Snedeker agreed. He determined that the matter should not be referred to informal resolution, as permitted by prison regulations, "because of the seriousness of the incident." He approved the misconduct, and it was issued under Wyland's name. (Doc. 19 ¶¶ 35-36; Doc. 50 ¶¶ 35-36; Doc. 60 ¶ 14; Doc. 62, Exs. 1, 8; Doc. 63 ¶ 14; Doc. 67, Exs. E, DD).

A disciplinary hearing was conducted on March 6, 2001, by defendant Jay Stidd ("Stidd"), a corrections hearing examiner. Prior to the hearing, Williams submitted a written defense, citing federal caselaw suggesting that inmates cannot be forced to assist in the preparation of pork, and requested that one of the institution's Muslim chaplains be called as a witness. Stidd refused the request, and found Williams guilty of refusing to obey an order. As a sanction, Williams was placed on "cell restriction," meaning that he could leave his cell only for daily meals and weekly religious services, for thirty days. (Doc. 19 ¶¶ 37-42; Doc. 50 ¶¶ 37-42; Doc. 60 ¶ 14; Doc. 62, Ex. 1; Doc. 63 ¶ 14; Doc. 67, Exs. F, I).

Williams appealed to the institution's "Program Review Committee." Membership of the Committee included defendants Robert Kerstetter ("Kerstetter"), G.P. Gaertner ("Gaertner"), and Frank Tennis ("Tennis"). Defendant Terry Whitman ("Whitman"), deputy superintendent of the institution, was not a member of the Committee, but he "was aware of the matter [involving Williams] and drafted the decision eventually adopted." That decision affirmed Stidd's determination. It noted that a member of the institution's chaplaincy had been contacted and had indicated that Islamic teachings can be interpreted to allow adherents to touch pork while wearing gloves. William's subsequent appeals to defendants Robert Meyers ("Meyers"), superintendent of the institution, and Robert Bitner ("Bitner"), the chief hearing examiner, were denied on similar grounds. (Doc. 19 ¶¶ 43-51; Doc. 50 ¶¶ 43-51; Doc. 60 ¶ 19; Doc. 62, Ex. 1; Doc. 63 ¶ 19; Doc. 67, Exs. J-K, O, P, R-V; Doc. 67, Ex. L ¶ 3).

As a result of the misconduct, Williams's security classification was raised from "low" to "medium." He served twenty-seven days on cell restriction, missing one religious observance as a result, before being discharged. (Doc. 60 ¶¶ 20-21; Doc. 62, Ex. 1; Doc. 63 ¶¶ 20-21).

Williams filed the complaint sub judice in November 2001, asserting that prison officials had violated his rights under the RLUIPA and the First and Fourteenth Amendments to the United States Constitution. A motion to dismiss filed by defendants, on grounds that the RLUIPA is unconstitutional, was denied in September 2003.⁴ Discovery ensued, and the instant motion for summary judgment was filed in May 2004. (Docs. 19, 21, 47, 59).

II. Standard of Review

"Summary judgment serves as a minimal but important hurdle for litigants to overcome before presenting a claim to a jury." Pappas v. City of Lebanon, 331 F.Supp.2d 311, 314 (M.D.Pa.2004). Faced with such a motion, the adverse party must produce affirmative evidence, beyond the disputed allegations of the pleadings, in support of the claim. FED. R. CIV. P. 56(e); see Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Pappas, 331 F.Supp.2d at 314. "Such affirmative evidence — regardless of whether it is direct or circumstantial — must amount to more than a scintilla, but may amount to less (in the evaluation of the court) than a preponderance." Saldana v. Kmart Corp., 260 F.3d 228, 231-32 (3d Cir.2001) (quoting Williams v. Borough of West Chester, 891 F.2d 458, 460-61 (3d Cir.1989)). Only if this burden is met can the cause of action proceed. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-57, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-89, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); see F ed. R. Civ. P. 56(c), (e).

III. Discussion

Section 1983 of Title 42 of the United States Code offers private citizens a cause of action for violations of federal law by state officials. See 42 U.S.C. § 1983. The statute provides, in pertinent part, as follows:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress....

Id.; see also Gonzaga Univ. v. Doe, 536 U.S. 273, 284-85, 122 S.Ct. 2268, 153 L.Ed.2d 309 (2002). To establish a civil rights claim, the plaintiff must show a "deprivation" of a constitutional or statutory right by a person "acting under color of state law." Id.

Satisfaction of these elements, however, does not guarantee recovery. Certain officials, including police officers and other state actors who perform "discretionary functions," are shielded from suit if their conduct did not violate a "clearly established statutory or constitutional right[ ] of which a reasonable person would have known." Saucier v. Katz, 533 U.S. 194, 200-01, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001); Wilson v. Layne, 526 U.S. 603, 609, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999). This doctrine, known as "qualified immunity," provides not only a defense to liability, but "immunity from suit." Hunter v. Bryant, 502 U.S. 224, 227, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991); Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). To gain the protection of the doctrine, the defendant must show either that (1) the plaintiff has not demonstrated "a deprivation of an actual constitutional right" or (2) the right at issue was not "clearly established at the time of the alleged violation." Conn v. Gabbert, 526 U.S. 286, 290, 119 S.Ct. 1292, 143 L.Ed.2d 399 (1999).

Williams claims that defendants violated his rights under the RLUIPA and the Free Exercise...