Winder v. Maynard

2 F.Supp.3d 709

Eugene Edward WINDER, Plaintiff

v.Gary MAYNARD, Defendant.

Civil Action No. JFM–13–748.

United States District Court, D. Maryland.

Signed Feb. 24, 2014.

Eugene Edward Winder, Jessup, MD, pro se.

Stephanie Judith Lane Weber, State of Maryland, Baltimore, MD, for Defendant.

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

Pending is self-represented Plaintiff Eugene Edward Winder's complaint under 42 U.S.C. § 1983 (ECF No. 1). Defendant Gary Maynard, by his counsel, has filed a Motion to Dismiss or, in the Alternative, for Summary Judgment with affidavits and verified exhibits. ECF No. 15. Winder has filed a reply with a declaration and exhibits. ECF No. 19. No hearing is needed to resolve the issues presented. See Local Rule 106.5 (D.Md. 2011). For reasons to follow defendant's motion for summary judgment IS GRANTED.

BACKGROUND

In this complaint, Winder, an inmate at the Jessup Correctional Institution (JCI) in Jessup, Maryland, claims defendant hinderedhis religious practice. Winder, who identifies himself as member of the Wiccan community, presents allegations concerning the celebration of the Samhain Feast. ECF No. 1. As redress, he seeks declaratory relief and monetary damages. Id.

I. Background

This court reviews the facts and all reasonable inferences in the light most favorable to the nonmoving party. See Scott v. Harris, 550 U.S. 372, 378, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007); Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007). That review liberally construes plaintiff's pleadings in light of the fact that he is proceeding pro se.

Winder, Secretary of the Wicca Faith Group at JCI, claims that on August 2, 2010, he submitted a proposal to Chaplain Peterson for a holy day observance and ceremonial meal. ECF No. 1. He indicates that the proposal was approved but the ceremonial meal was never provided. Additionally, Winder claims that he has been denied access to dietary facilities in order to store and cook foods in preparation for his religious feast. He claims other mainstream religions are permitted access to these facilities. He also indicates that kosher meals and halal meals are served to religious groups but his religious meal requests are not honored. Specifically, Winder takes issue with the failure to provide pork through the dietary department to him and other members of the Wiccan community. Id.

The record evidence demonstrates that Winder's proposal for holiday observance and ceremonial meal presented to Chaplain Peterson included a list of several food times to be used for the Samhain Feast celebrated by the Wiccan Community. ECF No. 15, Ex. 1–2. Included within the requested items were pork chops and bacon, or alternatively pork ribs, tenderloin, or medallion. The Chaplain approved the feast but denied the request for pork items. Id., Ex. 3. Winder filed a grievance and was advised that pursuant to DOC policy and procedures the dietary department could not purchase or prepare the requested pork items, but that Winder was free to purchase pork items from the commissary. Id., Ex. 3 & 6. An investigation of Winder's claim that he was denied pork products found that he had been provided an alternative means for purchasing pork which was a reasonable accommodation for his religious dietary request. As such his administrative remedy request was found non-meritorious. Id., Ex. 2.

In order to accommodate the needs of all prison inmates, approximately 25 years ago the DOC decided to discontinue the use and supply of pork products and to strictly forbid the use of its kitchens and food preparation tools to prepare pork products. ECF No. 15, Ex. 3. In order to further penological interests regarding budgeting and avoidance of perceived favoritism amongst inmate groups, the DOC has established two menus: the master-cycle menu (which include fish, poultry and meat not including pork) and the lacto-ovo menu. Id. The menus provide items which all inmates can eat which fulfill nutritional concerns and do not offend anyone's religious beliefs. Id. Inmates desiring to consume pork may purchase pork products from the commissary, which is maintained separately from DOC Food Services. Id.

STANDARD OF REVIEW

I. Motion to Dismiss

Rule 12(b)(6) of the Federal Rules of Civil Procedure authorizes dismissal of a complaint if it fails to state a claim upon which relief can be granted. The purpose of Rule 12(b)(6) is “to test the sufficiency of a complaint and not to resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses.” Presley v. City of Charlottesville, 464 F.3d 480, 483 (4th Cir.2006). (internal quotation marks and alterations omitted) (quoting Edwards v. City of Goldsboro, 178 F.3d 231, 243 (4th Cir.1999)). When ruling on such a motion, the court must “accept the well-pled allegations of the complaint as true,” and “construe the facts and reasonable inferences derived therefrom in the light most favorable to the plaintiff.” Ibarra v. United States, 120 F.3d 472, 474 (4th Cir.1997). However, this court “need not accept the legal conclusions drawn from the facts, and [ ] need not accept as true unwarranted inferences, unreasonable conclusions or arguments.” Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc., 591 F.3d 250, 253 (4th Cir.2009) (internal quotation marks and citation omitted).

The Supreme Court's opinions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), and Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009), “require that complaints in civil actions be alleged with greater specificity than previously was required.” Walters v. McMahen, 684 F.3d 435, 439 (4th Cir.2012) (citation omitted). The Supreme Court's decision in Twombly articulated “[t]wo working principles” that courts must employ when ruling on Rule 12(b)(6) motions to dismiss. Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. First, while a court must accept as true all the factual allegations contained in the complaint, legal conclusions drawn from those facts are not afforded such deference. Id. (stating that “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice” to plead a claim). Second, a complaint must be dismissed if it does not allege a “plausible” claim for relief. Id. at 678–79, 129 S.Ct. 1937 (“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”).

II. Motion for Summary Judgment

Federal Rule of Civil Procedure 56(a) provides that summary judgment should be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a) (emphasis added). Whether a fact is material depends upon the substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247–48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Accordingly, “the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment.” Id. “A party opposing a properly supported motion for summary judgment ‘may not rest upon the mere allegations or denials of [his] pleadings,’ but rather must ‘set forth specific facts showing that there is a genuine issue for trial.’ ” Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir.2003) (alteration in original) (quoting Fed.R.Civ.P. 56(e)). The court must view the evidence in the light most favorable to the nonmovant and draw all justifiable inferences in his favor. Scott, 550 U.S. at 378, 127 S.Ct. 1769 (citation omitted); see also Greater Baltimore Ctr. for Pregnancy Concerns, Inc. v. Mayor and City Council of Baltimore, 721 F.3d 264, 283 (4th Cir.2013) (citation omitted). At the same time, the court must not yield its obligation “to prevent factually unsupported claims and defenses from proceeding to trial.” Bouchat, 346 F.3d at 526 (citation and internal quotation marks omitted).

A federal court must liberally construe pleadings filed by pro se litigants to allow them to fully develop potentially meritorious cases. See Erickson, 551 U.S. at 94, 127 S.Ct. 2197; Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972). The requirement of liberal construction does not mean the Court can ignore a clear failure in the pleadings to allege facts which set forth a claim. See Weller v. Department of Social Services, 901 F.2d 387, 391 (4th Cir.1990). The Court cannot assume the existence of a genuine issue of material fact where none exists. Fed.R.Civ.P. 56(c).

ANALYSIS

The complaint is filed pursuant to 42 U.S.C. § 1983, which “ ‘is not itself a source of substantive rights,’ but provides ‘a method for vindicating federal rights elsewhere conferred.’ ” Albright v. Oliver, 510 U.S. 266, 271, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994) (quoting Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979)). A suit under § 1983 allows “a party who has been deprived of a federal right under the color of state law to seek relief.” City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 707, 119 S.Ct. 1624, 143 L.Ed.2d 882 (1999). To state a claim under § 1983, a plaintiff must allege that: (1) a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988).

I. Religious Practice

The Free Exercise Clause of the First Amendment applies to the states by virtue of the Fourteenth Amendment. See Employment Division v. Smith, 494 U.S. 872, 876–77, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990). It provides that “Congress shall make no law ... prohibiting the free exercise” of religion. U.S. Const. Amend. I. A prisoner, however,...