Jeffrey Allen Rowe v. Bruce Lemon
976 N.E.2d 129
Ind. Ct. App.2012Background
- Rowe is an inmate at Pendleton Correctional Facility who follows a non-Jewish identity Christianity and claims a kosher diet is required by biblical laws.
- In 2010 a federal district court injunction required the Indiana DOC to provide kosher meals to inmates who request them for sincerely held religious reasons, not limited to Jewish inmates.
- Rowe requested kosher meals on January 19, 2011, asserting adherence to biblical food laws and a need for meals prepared to avoid contamination.
- The DOC denied Rowe’s request in February 2011; Chaplain Dodd and others handled the decision process, and Scaife and VanNatta denied Rowe’s grievance appeals.
- Rowe filed a complaint on July 20, 2011, alleging RLUIPA and §1983 violations; the trial court granted summary judgment for the Defendants in part and dismissed the action in April 2012; Rowe appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of remedies under RLUIPA and §1983 | Rowe seeks monetary and injunctive relief for religious liberty violations. | RLUIPA does not authorize monetary damages against state actors; §1983 liability is limited to individual capacity for constitutional rights claims. | Monetary damages are unavailable under RLUIPA; §1983 damages against officials for official-capacity claims are barred; injunctive/declaratory relief may be available. |
| Whether there is a genuine issue of material fact on RLUIPA sincerity | Rowe’s belief in kosher dietary requirements is sincere and Biblically mandated. | Vegan meals could fulfill dietary needs; sincerity is contested and evidence insufficient to prove strict kosher preparation without contamination. | There is a genuine issue of material fact regarding sincerity; reverse and remand on RLUIPA claims. |
| Whether §1983 constitutional claims fail as a matter of law | Claims arise from denial of kosher meals and grievance processing. | Official-capacity claims provide no §1983 damages; personal-capacity liability must show personal involvement. | Summary judgment affirmed for §1983 claims on the constitutional grounds; only nominal damages may be possible against a liable individual. |
Key Cases Cited
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (official-capacity damages barred for RLUIPA claims)
- Sossamon v. Texas, 563 U.S. 277 (2011) (RLUIPA relief considerations; agency capacity limits)
- Vinning-El v. Evans, 657 F.3d 591 (7th Cir. 2011) (sincerity of religious beliefs; scope of RLUIPA protections)
- Beebe v. Birkett, 749 F. Supp. 2d 580 (E.D. Mich. 2010) (sincerity question; summary judgment rarely on sincerity)
- Borzych v. Frank, 439 F.3d 388 (7th Cir. 2006) (RLUIPA standards and remedies)
- Koger v. Bryan, 523 F.3d 789 (7th Cir. 2008) (PLRA considerations in prisoner claims)
- McNabola v. Chicago Transit Authority, 10 F.3d 501 (7th Cir. 1993) (elements of Section 1983 liability)
- Burks v. Raemisch, 555 F.3d 592 (7th Cir. 2009) (grievance-examiner liability limits)
- Gewartowski v. Tomal, 125 Ind. App. 481 (1955) (state-law precedents cited in 1983 context)