ROWE v. FINNAN et al

Filing 131

ENTRY Discussing Cross Motions for Summary Judgment - For the reasons explained later in this Entry and in the interest of clarity, the Indiana Department of Correction is now substituted for the individual defendants named in their official ca pacities as to the RLUIPA claims. The only remaining remedies Rowe is entitled to seek in this action for the alleged RLUIPA violations are equitable in nature. If Rowe requests counsel to represent him at the bench trial of this action, the court will undertake efforts to attempt to recruit counsel to represent him for that purpose. Rowe shall have through March 20, 2014, to make such a request. Consistent with the foregoing, the plaintiff's motion for summary judgment [dkt. 128 ] is denied and the defendants' motion for summary judgment [dkt. 89 ] is granted in part and denied in part. No partial final judgment shall issue at this time as to the claims resolved in this Entry. ***SEE ORDER***. Signed by Judge Jane Magnus -Stinson on 3/3/2014. (Attachments: # 1 Exhibit A - Zero Tolerence STG Policy, # 2 Exhibit B - Offender Visitation Policy, # 3 Exhibit C - Segregation Correspondence Policy, # 4 Exhibit D - Item Censorship, # 5 Exhibit E - Religious Handbook, # 6 Exhibit F - Aryan Nations Standard)(JKS)

POLICY AND ADMINISTRATIVE PROCEDURES
Indiana Department of Correction

Manual of Policies and Procedures
Number

Effective Date

02-01-103

09/01/09

Page

Total Pages

4

24

Title

OFFENDER CORRESPONDENCE
V.

RESTRICTED CORRESPONDENCE:
An offender must obtain prior approval from the Department to receive or send
correspondence to another person if the other person is on parole or:
A. Held in a correctional facility;
B. Sentenced to a community corrections program;
C. Held in a county jail; or,
D. Participating in a work release program.
The facility or program indicated in A-D may be operated by, or provided through
contractual services to, a county, state, province, or federal unit of government.
The burden of obtaining permission for such correspondence is with the offender.
The offender must establish that the exchange of correspondence is in the best
interests of both the confined persons and the facilities involved. This request
shall be made on State Form 11985, REQUEST TO CORRESPOND WITH
ANOTHER CONFINED PERSON, and shall be directed to the Facility Head or
designee for approval or denial. Approval of the request shall indicate that both
offenders may correspond with each other.
The Facility Head of the facility housing the requesting offender shall review the
request and make a recommendation. If the Facility Head’s recommendation is to
deny the request, the Facility Head shall indicate the denial and return the request
to the offender. If the Facility Head recommends approval, the request shall be
sent to the Facility Head of the facility/program housing the other offender. If the
receiving facility/program is not under the jurisdiction of the department, the
Facility Head shall include a cover letter explaining the request. The Facility
Head shall ask that the receiving Facility Head or designee review the request,
make a recommendation and return it. The Facility Head or designee of the
receiving facility shall contact the offender at that facility to determine whether
the request to correspond is mutual.
If the request involves facilities within the department and the two (2) Facility
Heads disagree, the originating Facility Head shall forward the request, with all
comments, to the appropriate Regional Director/Operations for review and a
decision. If the request is between a department facility and a facility or program
outside the department's jurisdiction, a denial by either Facility Head shall be
considered the final decision.
Any offender placed in segregation for disciplinary or investigative reasons shall
not be allowed to correspond with other offenders during the segregation period,

POLICY AND ADMINISTRATIVE PROCEDURES
Indiana Department of Correction

Manual of Policies and Procedures
Number

Effective Date

02-01-103

09/01/09

Page

Total Pages

5

24

Title

OFFENDER CORRESPONDENCE
regardless of any prior approvals. Upon release from segregation, any prior
approval normally will be reinstated; however, the Facility Head or designee may
rescind the prior approval if it is felt that continued correspondence would be
detrimental to the safety and security of the facility, staff or offenders.
Denials of correspondence with other offenders shall not be used as a disciplinary
measure, unless the denial is based upon a demonstrated abuse of this privilege by
the offender.
An offender who is denied authorization to correspond with a person identified in
Procedure V. A. - D. may challenge the decision in accordance with Policy 00-02301, "Offender Grievance Process." If the request involves an agency outside the
jurisdiction of the department and the request is denied by the Facility Head of the
outside agency, the decision of the Facility Head shall be final.
VI.

PRIVILEGED CORRESPONDENCE:
An offender shall be permitted to mail privileged correspondence to government
officials. Only correspondence sent to or received from the government officials
in their official capacities as designated in these procedures shall be considered
privileged correspondence. Privileged correspondence does not include
correspondence mailed to the courts, attorneys, and legal organizations as this
correspondence is considered legal mail. Offenders shall be required to designate
on the envelope that the correspondence is “privileged.” The offender may seal
the envelope of privileged correspondence prior to submitting it for mailing.
All outgoing privileged correspondence shall be inspected for contraband and/or
prohibited property prior to being sealed. This inspection shall take place in the
presence of the offender and once inspected and approved, the privileged
correspondence shall be sealed in the presence of the offender. Outgoing
privileged correspondence shall not otherwise be opened, read, censored, copied
or otherwise interfered with. Once sealed, staff shall not open privileged
correspondence unless the facility acquires reason to believe that this
correspondence does not meet the requirements to be considered privileged
correspondence or it contains material that could jeopardize the health and safety
of others or otherwise is in violation of these administrative procedures, as
described in more detail below in Procedure VII of these administrative
procedures.
In cases where there is reason to believe that correspondence designated as
privileged contains prohibited property, contraband or is not for official
government business, the facility may open the correspondence and inspect it.
When privileged correspondence is opened, staff shall complete State Form
11984, NOTICE AND REPORT OF ACTION TAKEN ON