Peterson v. Darasdale et al

Filing 36

MEMORANDUM OPINION. Signed by Magistrate Judge Robert S. Ballou on 2/27/2017. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
TROY PETERSON,
Plaintiff,
v.
BARKSDALE, ET AL.,
Defendant(s).

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CASE NO. 7:16CV00146
MEMORANDUM OPINION
By: Robert S. Ballou
United States Magistrate Judge

Troy Peterson, a Virginia inmate proceeding pro se, filed this civil rights action under 42
U.S.C. § 1983, alleging that Virginia Department of Corrections (“VDOC”) are violating his
constitutional rights under the First Amendment, the Fourteenth Amendment, and the Religious
Land Use and Institutionalized Persons Act (“RLUIPA”). Among other things, he complains
that he has been unable to practice his Asatru holy days while in prison.1 The case is currently
before me on Peterson’s recent motion seeking a “temporary injunction” directing officials to
allow him to participate in a religious holiday on March 6, 2017. I construed this submission as
a motion for preliminary injunction and directed the defendants to respond, and they have done
so. After review of Peterson’s motion and the defendants’ evidence, I conclude that the motion
for interlocutory injunctive relief must be denied.
I.
Peterson’s current motion is brief and states:
I am asking that the courts order Red Onion State Prison to al[l]ow me to
pra[c]tice my Holiday that is coming up March 21, [2017]. I pra[c]tice Asatru[.]
This is a religion approved here at Red Onion but they will not al[l]ow me to
pra[c]tice my Ho[l]iday. The[y] let all the other religion have the Ho[l]idays,
feast[s], or sp[e]cial foods. [A]ll I’m asking is for the prison to put my name on a
feed after sundown list (Fast of Esther) for the last night. Thus I will be able to
have a proper sumbri [sic] (ritual, Feast)[.] I don’t see this as a burden to the
prison, when 100 or more inmate[s] that aren’t even Jewish ha[ve] sign[ed] up for
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I will address separately the parties’ pending motions for summary judgment, the defendants’ motion for
protective order, and Peterson’s motion to amend and motion for default judgment.

this Holiday when I’m asking is to Be signed up for one (1) day. Please I ask this
Honorable court to Help in this matter, Because I’ve writ[t]en everyone only to
Be told no.
(Pl.’s Mot. 1, ECF No. 32.)
According to the defendants’ evidence, Asatru is a religion approved for accommodation
within VDOC facilities. Based on his stated Asatru beliefs and possession of Asatru religious
materials, Peterson receives the Common Fare diet as an accommodation of his stated religious
dietary beliefs. Per VDOC policy, the only holy days recognized and accommodated for Asatru
inmates are the Summer Solstice, observed in June, and the Winter Solstice, observed in
December. Neither of these holy days is approved for a special feast meal. Thus, on those days,
Peterson would receive his regular Common Fare diet meals.
The Fast of Esther that Peterson mentions in his motion is a holy day observance held on
March 9, 2017, specifically for inmates who practice Judaism or Messianic Judaism.
Participating inmates of these faith groups are served the evening meal after sundown. NonJewish inmates are not permitted to participate in the Fast of Esther observance to avoid prison
management difficulties. Peterson may observe his March 21, 2017 religious holy day in his cell
and will receive his Common Fare dinner meal at the regularly scheduled time.
II.
“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter
v. Natural Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). The party seeking the preliminary
injunction must make a clear showing “that he is likely to succeed on the merits; that he is likely
to suffer irreparable harm in the absence of preliminary relief; that the balance of equities tips in
his favor; and that an injunction is in the public interest.” Id. at 20. A “plaintiff[] seeking

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preliminary relief [must] demonstrate that irreparable injury is likely in the absence of an
injunction. Id. at 22.
I find from the current record that Peterson can show neither a likelihood of success on
the merits of his underlying claim of any protected right to participate in the Fast of Esther, nor
irreparable harm that he will suffer if unable to participate in this fast. As stated, the Fast of
Esther is a Jewish celebration that occurs on March 9, 2017. Peterson’s Asatru holy day occurs
on a different day, March 21, 2017. Even if both holy days are observed by eating the evening
meal after sundown, they do not occur on the same day. Thus, Peterson will suffer no harm to
his practice of his later holy day if he is not allowed to participate in the observance of the Fast
of Esther as he requests. Because Peterson cannot make two of the four showings required under
the Winter standard to warrant the interlocutory injunctive relief he seeks, I will deny his motion.
An appropriate order will enter herewith.
The Clerk is directed to send copies of this memorandum opinion and accompanying
order to the parties.
Enter: February 27, 2017

/s/ Robert S. Ballou
Robert S. Ballou
United States Magistrate Judge

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