Gregorio Funtanilla v. Williams et al
Filing
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ORDER signed by Magistrate Judge Dennis L. Beck on 3/16/2012 dismissing certain claims re 22 Amended Prisoner Civil Rights Complaint. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GREGORIO FUNTANILLA, JR.,
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Plaintiff,
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CASE NO. 1:10-CV-01624-DLB PC
ORDER DISMISSING CERTAIN CLAIMS
v.
(DOC. 22)
ROMAN W. WILLIAMS, et al.,
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Defendants.
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Screening Order
I.
Background
Plaintiff Gregorio Funtanilla, Jr. (“Plaintiff”) is a prisoner in the custody of the California
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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this
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civil rights action pursuant to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized
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Persons Act of 2000. On April 25, 2011, the Court screened Plaintiff’s complaint and dismissed
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it with leave to amend. Doc. 16. On June 2, 2011, Plaintiff filed his first amended complaint.
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Doc. 18.
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On November 1, 2011, the Court screened Plaintiff’s first amended complaint and found
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that it stated a cognizable claim against Defendants Defendants Williams, Manson, Lias, Gomez,
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Clark, Turner, Grannis, Santoro, and Ibarra for denial of Plaintiff’s ability to place a copy of the
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Ten Commandments above his door, in violation of the Free Exercise Clause of the First
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Amendment and the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”).
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Plaintiff did not state any other claims against any other Defendants. Plaintiff was provided the
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opportunity to file a second amended complaint or notify the Court of his willingness to proceed
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only on the cognizable claims. Plaintiff filed his second amended complaint on December 7,
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2011. Doc. 22.
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The
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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are
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legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or
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that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.
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§ 1915A(b)(1),(2).
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A complaint must contain “a short and plain statement of the claim showing that the
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pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not
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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing
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Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth “sufficient factual
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matter, accepted as true, to ‘state a claim that is plausible on its face.’” Id. (quoting Twombly,
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550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.
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II.
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Summary Of Second Amended Complaint
Plaintiff is incarcerated at California Substance Abuse and Treatment Facility (“SATF”)
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in Corcoran, California, where the events at issue in this action occurred. Plaintiff name as
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Defendants: Roman W. Williams and Jesuit S. Manson, correctional officers; K. Turner and D.
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Ibarra, correctional sergeants; O. A. Ybarra and M. A. Baires, correctional lieutenants; J. Lias,
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correctional captain; R. Gomez, inmate appeals coordinator; Nola Grannis, former Chief of
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Inmate Appeals Office for CDCR; Angela Romanello, community resource manager; Kelly
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Santoro, associate warden; and Derral G. Adams and Ken Clark, former wardens at SATF.
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Plaintiff alleges the following. Plaintiff is a member of the Seventh Day Adventist
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Church. Second Am. Compl. 7. Plaintiff believes that the Sabbath begins each Friday at
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sundown and ends Saturday at sundown. Id. Plaintiff also believes that he is required to post the
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Ten Commandments on his door, and to gather double portions of food on Friday in order to not
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have to go out on Saturday. Id.
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Plaintiff affixed a paper with the Ten Commandments above the door of his cell. Id. at 8.
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On November 7, 2008, while Plaintiff was out of his cell, Defendant Williams entered and exited
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Plaintiff’s cell. Id. Upon Plaintiff’s return, Plaintiff found the paper on the ground. Id.
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Defendant Williams returned later that day and informed Plaintiff to not hang graffiti above the
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door. Id. Plaintiff informed him that he was doing so to practice his religion. Id. Defendant
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Williams told him that he did not care and reiterated the order. Id. Plaintiff placed the Ten
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Commandments back to where it was. Id. On November 9, 2008, Defendants Mason and
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William came to Plaintiff’s cell, tore down the Ten Commandments paper, ripped it to pieces and
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stepped on it. Id. Defendants did this two other times. Id. Plaintiff explained his need to write
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and post the Ten Commandments above the door in his cell to Defendants Lias, Gomez, and
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Clark, and requested the reasonable accommodation to practice his religious. Id. Each of the
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Defendants denied Plaintiff’s requests, citing security needs. Id.
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During November 2008, Defendant Turner denied Plaintiff’s request to place the Ten
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Commandments above his door repeatedly. Id. at 9. Plaintiff was seeking permission only to
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place the Ten Commandments above his door, not on the door or the cell door window. Id.
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Plaintiff explained to Defendants that it was part of his religious beliefs to display it. Id.
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Defendant Turner denied Plaintiff’s request, stating that Plaintiff is not allowed to obstruct the
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door or window due to safety and security reasons. Id.
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Plaintiff requested permission from Defendant Grannis, but permission was denied on
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April 2009. Id. Plaintiff explained that he needed to post the Ten Commandments above his
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door or on the doorposts for religious reasons. Id. Defendant Grannis denied Plaintiff’s request
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on the same grounds found by Defendant Turner. Id.
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On June 23, 2010, Defendant Santoro entered Plaintiff’s cell, saw the Ten
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Commandments posted and ordered it taken down. Id. at 9. Plaintiff requested Defendant
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Santoro to grant him permission for displaying it as a reasonable religious accommodation. Id.
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Defendant Santoro refused. Id. This occurred again on July 21, 2010 and April 11, 2011. Id.
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On August 17, 2010, Plaintiff requested permission from Defendant Ibarra to place his
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display as a necessary tenant of for his religion. Id. at 11. Defendant Ibarra removed Plaintiff’s
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television for sixty days. Id. Defendant Ibarra also goes into Plaintiff’s cell and removes the
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display of the Ten Commandments. Id.
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Plaintiff believes that based on his faith it is wrong to exit his cell on the Sabbath for the
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purposes of going to the prison kitchen to get his breakfast, eat it, and then pick up a lunch bag
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for lunch. Id. at 11. Plaintiff also believes it is wrong to receive service from kitchen workers,
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cooks, and correctional officers on the Sabbath. Id. Plaintiff thus made two requests: whenever
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possible, he be issued his lunch bag on Friday evenings, and that an inmate kitchen worker bring
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his portion of food to Plaintiff’s cell on Sabbath. Id. Defendant Romanello denied the requests,
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interpreting Plaintiff’s religious scriptures and finding that walking to the kitchen is not working
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and that food would spoil. Id. Defendant R. Gomez concurred. Id. Defendant Clark informed
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Plaintiff that his meals would not be taken to him on Fridays or on Sabbath. Id. at 12-13.
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Defendant Grannis agreed with this decision. Id. at 13. Plaintiff explained that his faith required
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him to not leave his cell to go get food and bring it back. Id.
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On June 19, June 26, and November 20 of 2004, which were Saturdays, a pastor came to
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have group worship with Plaintiff. Id. at 14. Plaintiff was on the list for service. However, on
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both dates Defendant Adams kept Plaintiff in his cell instead of allowing Plaintiff to participate
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with his religious service. Id.
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On each Sabbath from January through September 16 of 2006, a pastor came to have
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group worship with Plaintiff. Id. Plaintiff was on the list for the services. Id. Defendants Baires
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and Clark kept Plaintiff in his cell instead of allowing Plaintiff to participate in his religious
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service. Id.
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In 2007, Defendant Clark secured the services of a Sunday group church leader. Id.
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Plaintiff requested a Sabbath worship pastor repeatedly, but was denied. Id. Defendants Clark,
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Baires, and Ybarra refused to allow Plaintiff to enter the facility chapel for worship each Sabbath
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day in 2006. Id. Plaintiff was instead kept in his cell. Id. Defendants were aware that Plaintiff
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observed Saturday as the Sabbath day. Id. Defendants Clark, Baires, and Ybarra deprived
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Plaintiff of access to worship on Sabbath days in January to April 17 of 2007. Id. There is no
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other day for Plaintiff to worship and rest from his own work. Id. Plaintiff’s duty as a member
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of the Seventh Day Adventist Church is to attend and participate in group religious worship. Id.
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Plaintiff alleges a violation of the Free Exercise Clause of the First Amendment and
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RLUIPA. Plaintiff requests injunctive relief, compensatory and punitive damages, and restoration
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of Plaintiff’s earliest possible release date.1
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III.
Legal Standards
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A.
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“The right to exercise religious practices and beliefs does not terminate at the prison door.
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First Amendment - Free Exercise
The free exercise right, however, is necessarily limited by the fact of incarceration, and may be
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curtailed in order to achieve legitimate correctional goals or to maintain prison security.”
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McElyea v. Babbitt, 833 F.2d 196, 197 (9th Cir. 1987) (citing O’Lone v. Shabazz, 482 U.S. 342
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(1987)); see Bell v. Wolfish, 441 U.S. 520, 545 (1979). Beliefs which are both sincerely held and
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rooted in religious beliefs trigger the Free Exercise Clause if such beliefs are burdened. Shakur
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v. Schriro, 514 F.3d 878, 884-85 (9th Cir. 2008) (citing Malik v. Brown, 16 F.3d 330, 333 (9th
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Cir. 1994)); Callahan v. Woods, 658 F. 2d 679, 683 (9th Cir. 1981)).
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Under this standard, “when a prison regulation impinges on inmates’ constitutional rights,
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the regulation is valid if it is reasonably related to legitimate penological interests.” Turner v.
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Safley, 482 U.S. 78, 89 (1987); see O’Lone, 482 U.S. at 349 (applying Turner to Free Exercise
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claims). First, “there must be a valid, rational connection between the prison regulation and the
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legitimate government interest put forward to justify it,” and “the governmental objective must
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itself be a legitimate and neutral one.” Turner, 482 U.S. at 89. A second consideration is
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“whether there are alternative means of exercising the right that remain open to prison inmates.”
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Id. at 90 (internal quotations and citation omitted). A third consideration is “the impact
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accommodation of the asserted right will have on guards and other inmates, and on the allocation
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of prison resources generally.” Id. “Finally, the absence of ready alternatives is evidence of the
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The Court expresses no opinion as to whether Plaintiff’s claims are affected by the
favorable termination rule. Wilkinson v. Dotson, 544 U.S. 74, 81-82 (2005).
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reasonableness of a prison regulation.” Id.
At the pleading stage, Plaintiff has sufficiently alleged a cognizable Free Exercise claim
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against Defendants Williams, Manson, Lias, Gomez, Clark, Turner, Grannis, Santoro, and Ibarra
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for denial of Plaintiff’s ability to place a copy of the Ten Commandments above his door.
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Plaintiff has sufficiently alleged facts that demonstrate such placement of the Ten
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Commandments is a sincerely held religious belief, and that Defendants have impinged his
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religious exercise.
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At the pleading stage, Plaintiff states a cognizable Free Exercise claim against Defendants
Grannis, Romanello, R. Gomez, and Clark for not providing Plaintiff with food in his cell each
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Sabbath day. Plaintiff believes that he should not leave his cell to go to the prison kitchen on the
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Sabbath. Defendants allegedly denied him the ability to bring extra food back to his cell on
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Fridays. Plaintiff has sufficiently alleged facts that demonstrate it is a sincerely held religious
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belief, and that Defendants have impinged his religious exercise.
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Plaintiff states a cognizable Free Exercise claim against Defendant Adams, Baires, and
Clark for refusing to allow Plaintiff to attend church worship services on Sabbath days.
Plaintiff fails to state a Free Exercise claim against Defendant Clark for not obtaining a
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pastor on Sabbath for Plaintiff to worship. Prison officials have no affirmative obligations under
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the First Amendment to provide appropriate clergy for inmates. Ward v. Walsh, 1 F.3d 873, 880
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(9th Cir. 1993).
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B.
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The Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) provides:
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No government shall impose a substantial burden on the religious exercise of a
person residing in or confined to an institution. . . , even if the burden results from
a rule of general applicability, unless the government demonstrates that imposition
of the burden on that person–
(1) is in furtherance of a compelling government interest; and
(2) is the least restrictive means of furthering that compelling government interest.
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RLUIPA
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42 U.S.C. § 2000cc-1. “RLUIPA defines ‘religious exercise’ to include ‘any exercise of religion,
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whether or not compelled by, or central to, a system of religious belief.’” Greene v. Solano
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County Jail, 513 F.3d 982, 986 (9th Cir. 2008) (quoting 42 U.S.C. § 2000cc-5(7)(A)). Plaintiff
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bears the initial burden of demonstrating that defendants substantially burdened the exercise of
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his religious beliefs. Warsoldier v. Woodford, 418 F.3d 989, 994-95 (9th Cir. 2005). “A
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‘substantial burden’ on ‘religious exercise’ must impose a significantly great restriction or onus
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upon such exercise.” Id. at 995 (citing San Jose Christian Coll. v. City of Morgan Hill, 360 F.3d
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1024, 1034 (9th Cir. 2004)). If the plaintiff meets his burden, defendants must demonstrate that
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“any substantial burden of [plaintiff’s] exercise of his religious beliefs is both in furtherance of a
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compelling governmental interest and the least restrictive means of furthering that compelling
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governmental interest.” Id. (emphasis in original). “RLUIPA is to be construed broadly in favor
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of protecting an inmate’s right to exercise his religious beliefs.” Id.
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At the pleading stage, Plaintiff states a cognizable RLUIPA claim against Defendant
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Williams, Manson, Lias, Gomez, Clark, Turner, Grannis, Santoro, and Ibarra by banning Plaintiff
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from displaying the Ten Commandments above his prison cell door. Plaintiff alleges that he is
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required by his faith to post the Ten Commandments above his door, and that Defendants have
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prevented him from complying. Plaintiff has alleged sufficient facts which demonstrate that the
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exercise of his religion was substantially burdened.
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At the pleading stage, Plaintiff states a cognizable RLUIPA claim against Defendants
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Romanello, Gomez, Clark, and Grannis for not providing him with food on the Sabbath.
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Plaintiff has alleged facts which demonstrate how Defendants are substantially burdening the
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exercise of his religion by not providing Plaintiff with the opportunity to bring extra food to his
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cell in order to observe his religious practice, and not bringing food to his cell on Saturdays.
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At the pleading stage, Plaintiff states a cognizable RLUIPA claim against Defendants
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Ybarra, Baires, Adams, and Clark for prohibiting Plaintiff from attending Sabbath day worship
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services. Plaintiff has alleged sufficient facts which demonstrate how attending group services is
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an exercise of Plaintiff’s religious beliefs, and that Defendants’ denial is a substantial burden.
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At the pleading stage, Plaintiff fails to state cognizable RLUIPA claim against
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Defendants Ybarra, Baires, Adams, and Clark for denying Plaintiff a pastor to conduct Sabbath
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worship. Plaintiff has not alleged sufficient facts which demonstrate how having a pastor for
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Sabbath worship is an exercise of Plaintiff’s religious beliefs.
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IV.
Conclusion And Order
Plaintiff states a cognizable claim under the Free Exercise Clause of the First Amendment
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and under RLUIPA against Defendants Williams, Manson, Lias, Gomez, Clark, Adams, Turner,
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Grannis, Santoro, and Ibarra for denial of Plaintiff’s ability to place a copy of the Ten
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Commandments above his door, not providing Plaintiff with food so that he does not have to
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walk on the Sabbath, and denying Plaintiff the right to attend group services. Plaintiff fails to
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state any other claims.
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Accordingly, based on the foregoing, it is HEREBY ORDERED that:
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1.
This action proceed against Defendants Williams, Manson, Lias, Gomez, Clark,
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Turner, Grannis, Santoro, and Ibarra for denial of Plaintiff’s ability to place a copy
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of the Ten Commandments above his door in violation of the Free Exercise
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Clause of the First Amendment and RLUIPA;
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2.
This action proceed against Defendants Grannis, Romanello, R. Gomez, and Clark
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for not providing Plaintiff with the opportunity to bring extra to his cell before
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each Sabbath day, or not providing him food at his cell on each Sabbath day, in
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violation of the Free Exercise Clause of the First Amendment and RLUIPA;
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3.
This action proceed against Defendant Adams, Baires, and Clark for refusing to
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allow Plaintiff to attend church worship services on Sabbath days in violation of
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the Free Exercise Clause of the First Amendment and RLUIPA; and
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4.
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Plaintiff’s claims for the obtaining of a pastor to conduct Sabbath worship are
dismissed with prejudice for failure to state a claim.
IT IS SO ORDERED.
Dated:
3b142a
March 16, 2012
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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