SIMS v. JONES

Filing 84

ORDER ADOPTING IN PART AND REJECTING IN PART THE MAGISTRATE JUDGE'S THIRD REPORT AND RECOMMENDATION - The magistrate judge's third report and recommendation (doc. 74 ) is ADOPTED in part and REJECTED in part. The report and recommendation is ADOPTED to the extent it addresses Plaintiff's strip-search claim but REJECTED to the extent it addresses Plaintiff's beard-length claim. Defendant's renewed motion for summary judgment (doc. 68 ) is GRANTED as to Plaintiff's strip-search claim only. Plaintiff's strip-search claim is DISMISSED with prejudice. Plaintiff's motion for summary judgment (doc. 42 ) is DENIED. Defendant's motion for summary judgment (doc. 68 ) is DENIED a s to Plaintiff's beard-length claim. The clerk shall refer the case to another district judge for an evidentiary hearing or bench trial as to Plaintiff's beard-length claim. Signed by SENIOR JUDGE WILLIAM STAFFORD on 10/9/2018. (cle)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

DURRELL SIMS,
Plaintiff,
v.

4:16cv49–WS/CAS

JULIE L. JONES, SECRETARY
FLORIDA DEPARTMENT OF
CORRECTIONS,
Defendant.

ORDER ADOPTING IN PART AND REJECTING IN PART THE
MAGISTRATE JUDGE’S THIRD REPORT AND RECOMMENDATION
Before the court is the magistrate judge's third report and recommendation
(doc. 74) docketed August 8, 2018. The magistrate judge recommends that
Defendant’s renewed motion for summary judgment (doc. 68) be granted as to
Plaintiff’s RLUIPA claim regarding Defendant’s strip-search rule but denied as
Plaintiff’s RLUIPA claim regarding Defendant’s beard-length rule. The magistrate
judge also recommends that Plaintiff’s motion for summary judgment (doc. 42) be
granted as to the beard-length rule and that an injunction be entered allowing
Plaintiff to grow a 3-inch beard in accordance with his religious faith. Both parties

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have filed objections (docs. 76 & 82) to the report and recommendation, and
Defendant has responded (doc. 83) in opposition to Plaintiff’s objections.
Having reviewed the record in light of the parties’ objections, the court has
determined that the magistrate judge’s report and recommendation is due to be
adopted as to Plaintiff’s strip-search claim. Because Plaintiff has not shown that
Defendant’s strip-search rule imposes a substantial burden on his sincerely held
religious beliefs, Defendant is entitled to summary judgment on Plaintiff’s stripsearch claim. As to Plaintiff’s beard-length claim, however, the undersigned is
unable to agree that, on this record, Plaintiff is entitled to summary judgment.
Defendant has submitted sufficient evidence to survive summary judgment as to
whether the prison’s beard-length rule furthers a compelling government interest
and is a least restrictive means to advance that interest.
Accordingly, it is ORDERED:
1. The magistrate judge’s third report and recommendation (doc. 74) is
ADOPTED in part and REJECTED in part. The report and recommendation is
ADOPTED to the extent it addresses Plaintiff’s strip-search claim but REJECTED
to the extent it addresses Plaintiff’s beard-length claim.
2. Defendant’s renewed motion for summary judgment (doc. 68) is
GRANTED as to Plaintiff’s strip-search claim only.

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3. Plaintiff’s strip-search claim is DISMISSED with prejudice.
4. Plaintiff’s motion for summary judgment (doc. 42) is DENIED.
5. Defendant’s motion for summary judgment (doc. 68) is DENIED as to
Plaintiff’s beard-length claim.
6. The clerk shall refer the case to another district judge for an evidentiary
hearing or bench trial as to Plaintiff’s beard-length claim.
DONE AND ORDERED this

9th

day of

October

, 2018.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE