Case Information
*1 Opinions of the United 2004 Decisions States Court of Appeals
for the Third Circuit 11-16-2004
Robert Perry Dehart v. Martin Horn
Precedential or Non-Precedential: Precedential
Docket No. 03-4250P
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PRECEDENTIAL (Filed: November 16, 2004) UNITED STATES COURT OF
APPEALS FOR THE THIRD CIRCUIT Edward A. Olds, Esq. (Argued)
__________ 1007 M ount Royal Boulevard
Pittsburgh, PA 15223 No. 03-4250 Counsel for Appellant ___________
Gerald J. Pappert, Attorney General ROBERT PERRY DEHART, J. Bart DeLone, Esq. (Argued) Calvin R. Koons, Esq.
Appellant John G. Knorr, III, Esq.
Office of the Attorney General
v. Appellate Litigation Section th Floor, Strawberry Square
MARTIN HORN, Commissioner of Harrisburg, PA 17120 Corrections; JAMES S. PRICE,
Superintendent SCI Greene; UNITED Rodney M. Torbic, Esq.
STATES OF AMERICA Office of the Attorney General (Intervenor in D.C.) 564 Forbes Avenue th Floor ___________ Manor Complex Pittsburgh, PA 15219 On Appeal From the United States
District Court for the Western District of Counsel for Appellees Martin Horn
Pennsylvania and James S. Price (D.C. Civ. No. 95-cv-01238)
District Judge: The Honorable Bonnie R. Schlueter, Esq.
William L. Standish Office of United States Attorney 700 Grant Street Argued October 1, 2004 Suite 400
Pittsburgh, PA 15219 BEFORE: ROTH and CHERTOFF, Circuit Judges and Catherine Y. Hancock, Esq.
IRENAS,* Senior District Judge. United States Department of Justice Civil Division, Appellate Staff * Honorable Joseph E. Irenas, 601 D. Street, N.W.
Senior District Judge for the United Suite 9547
States District Court for the District of Washington, D.C. 20530 New Jersey, sitting by designation.
Michael S. Raab, Esq. summary judgment for the Appellees on United States Department of Justice DeH art’s constitutional claims, and Civil Division, Appellate Staff dismissed his RLUIPA claim for failure to 601 D Street, N.W. comply with the exhaustion requirement of Room 9136 42 U.S.C. § 1997e(a). We affirm the Washington, D.C. 20530 District Court’s grant of summary
judgment as to the constitutional claims Counsel for Appellee USA and reverse the dismissal of DeHart’s RLUIPA claim. I.
OPINION OF THE COURT
DeHart is a practitioner of Mahayana Buddhism, a religion to which he was introduced while a prisoner. He has practiced his religion daily since early 1990, although his interest in and study of IRENAS, Senior District Judge. Buddhism dates back to the early 1980s. Robert Perry DeHart (“DeHart”) is He meditates and recites mantras for up to an inmate at SCI-Greene (“the Prison”), a five hours a day and corresponds with the Pennsylvania state correctional facility. City of Ten Thousand Buddhas, a religious He is serving a life sentence for murder, as organization located in Talmadge, well as shorter consecutive sentences for California. According to DeHart’s self- robbery, burglary and escape, and has been taught understanding of Buddhist religious incarcerated in the state correctional texts, he is not permitted to eat any meat or system since 1980. He brings this action dairy products, nor can he have foods pursuant to 42 U.S.C. § 1983 against containing “pungent vegetables” such as M a r t i n H o r n , P e n n s y l v a n i a ’ s onions, garlic, leeks, shallots and chives. Commissioner of Corrections, and James As a result, DeHart became a vegetarian in S. Price, the Superintendent of the Prison 1989, and began declining food trays (“Appellees”), alleging that his Free containing meat in 1993. When he does Exercise and Equal Protection rights under accept food trays, he eats only fruit, certain the First and Fourteenth Amendments cereals, salads when served without were violated by the Prison’s refusal to dressing, and vegetables served with provide him with a diet comporting with margarine. DeHart supplements his meals his Buddhist beliefs. DeHart also brought with items purc hase d fro m th e a claim pursuant to the Religious Land Use commissary, including peanut butter, and Institutionalized Persons Act of 2000, peanuts, pretzels, potato chips, caramel 42 U.S.C. § § 2000cc et seq . (2000) popcorn, and trail mix. He requests that (“RLUIPA”). The District Court of the the Prison provide him with a diet free of Western District of Pennsylvania granted meat, dairy products and pungent *4 vegetables. Sahoora Bag contains some items not request are best understood against the background of the system employed to feed prisoners correctional facilities. Inmates receive standardized meals prepared pursuant to a master menu, which is designed to provide requirements. Food for the inmates is all of an inmate’s daily nutritional are given limited choice in what appears on their food trays; they are able to decline alternative protein source, such as tofu or pork products and elect to receive an purchased and prepared in bulk. Inmates meals are for deviations from the mass production of a bean burger, when available. The only conditions necessitating therapeutic dietary modifications and inmates with particular The legal issues related to DeHart’s inmates with health in Pennsyl vania’s products”consistent with his religious diet was denied, DeHart unsuccessfully beliefs. Price and the Department of Corrections [2] the Prison on June 17, 1995, requesting a diet free of “animal products and by- items for the therapeutic and religious served on that day’s master menu. Special diets are purchased through the medical department and prison commissary. Corrections, DeHart filed sent a letter to Commissioner Horn appealed his request to Superintendent Central Office Review Committee. He also After his request for a vegan [1] dated July 1, 1995. After completing the outlining his religious dietary restrictions, pursuant to 42 U.S.C. § 1983, in the appeals process within the Department of DeHart submitted a written grievance to this suit, religious dietary restrictions. Doctors
prescribe a variety of therapeutic diets, and DeHart also filed an official the master menu includes seven different grievance objecting to the use of butter in menus for diabetic inmates, sodium and fat the preparation of vegetables a month restricted menus, and a menu for inmates before, although he did not mention the with renal problems. Jewish inmates who religious basis for his complaint. DeHart adhere to a kosher diet receive special first raised the issue of his religious meals in the form of a “cold kosher bag,” beliefs in a written letter to which contain raw fruits and vegetables, Superintendent James Price dated May Ensure® dietary supplements, pretzels, 22, 1995, in which he specifically crackers, coffee and granola. Muslim mentioned that his Buddhist beliefs inmates receive special meals in their cells prohibited the consumption of meat, during Ramadan, when they observe a dairy and pungent vegetables. daylight fast. The Prison provides a post-
sunset evening meal after the normal DeHart’s proposed diet is referred to in the briefs and court documents supper hour and a breakfast bag, called a “Sahoora Bag,” to be eaten before sunrise. alternately as a vegetarian and a vegan As a result of concerns about food diet. Because he refuses to eat meat, fish and dairy products, we will use the term spoilage and serving temperature, the
vegan to describe his dietary preferences. *5 Western District of Pennsylvania. decision in Johnson v. Horn , 150 F.3d 276 (3d Cir. 1998), between religious This appeal marks DeHart’s third commandments and positive expressions appearance before this Court. In his first of belief. 227 F.3d at 54. Specifically, we appeal, we affirmed the District Court’s ordered the lower court to reconsider denial of preliminary injunctive relief. whether DeHart retained other means of DeHart v. Horn , 127 F.3d 1094 (3d Cir. exercising his religious beliefs in light of 1997) (mem.) (“ DeHart I”). The District our overruling Johnson . Id. We also Court held that DeHart’s request for a asked the District Court to assess the preliminary injunction should be denied on impact of granting DeHart’s request for a the ground that keeping a vegan diet was meat and dairy-free diet on the prison not a command of Buddhism. Despite community in light of the accommodations upholding the r esu lt, this Court made to Jewish inmates adhering to the emphasized that the District Court should kosher dietary rules. Id. at 58-59. With not determine “whether [DeHart’s] beliefs respect to DeHart’s Equal Protection are doctrinally correct or central to a claim, we emphasized that our overruling particular school of Buddhist teaching.” Id . of Johnson required Appellees to offer a at 2. legitimate penological reason for treating We next heard DeHart’s appeal of the DeHart differently than Jewish inmates District Court’s first grant of summary other than simply drawing a line between judgment for the Appellees. The District inmates with orthodox and non-orthodox Court held that the Prison’s policy of religious beliefs. Id. at 61.
denying individual dietary requests of inmates was reasonably related to a legitimate penological interest under the standard set out in U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 , 482 Turner v. Safely DeHart v. Horn en banc . , 227 F.3d 47 (2000) (en DeHart’s appeal was reheard reverse the District Court’s judgment, After the decision of a panel to [3] (1987). for reconsideration of the second, third and factors. Turner fourth the lower court’s judgment and remanded overruled the distinction drawn by our In doing so, we Id. II”). This Court reversed banc) (“ Court adopted the Magistrate’s Report and Recommendation argument that DeHart’s beliefs were not No. 95-1238 (W.D. Pa. Sept. 23, 2003). The District Court rejected Appellees’ factor weighed in favor Turner than adequate alternative means of The lower court concluded that Rep. & Rec. on Mot. for Summ. J., at R.R. Magis. sincere and religious in nature. See DeHart v. Horn judgment for Appellees. , 19a-24a. the second of the Prison because DeHart had more [4] On remand after II, the District DeHart to grant summary We use the notation “R.R.” to *6 expressing his religious beliefs: he was (W.D. Pa. Jan. 30, 2001). However, in a permitted to meditate, recite the Sutras separate order, the District Court adopted (Buddhist religious texts), correspond with t h e M a g i s t r a t e ’ s R e p o r t a n d the City of Ten Thousand Buddhas, Recommendation that DeHart’s RLUIPA purchase canvas sneakers instead of claim be dismissed for failure to exhaust leather, have Buddhist materials sent to all administrative remedies as required by him from outside the prison and have a 42 U.S.C. § 1997e. DeHart v. Horn , No. Buddhist religious advisor visit him in 95-1238 (W.D. Pa. Feb. 27, 2003). The prison. See id. at R.R. 25a-26a. With District Court concluded that RLUIPA regard to the third factor, the adopted a different substantive standard of District Court found that the dietary review for prisoner religious freedom accommodation proposed by DeHart was claims than RFRA. See Magis. Rep. & much more burdensome than what was Rec. on M ot. to Dismiss, at R.R. 44a. provided to Jewish and Muslim inmates Therefore, because DeHart presented his because his d iet w ou ld req uire claim to the prison grievance process individualized preparation of meals and while RFRA provided the applicable special ordering of food items not on the standard, his claim was no longer master menu. See id. at R.R. 26a-34a. exhausted now that it was based on The lower court concluded that DeHart’s RLUIPA. See id. at R.R. 46a.
d i e t a r y r e q u e s ts c o u l d n o t b e DeHart appeals both the grant of accommodated without imposing more summary judgment on his First and than a de minimis cost on the Prison. See Fourteenth Amendment claims and the id. at R.R. 34a-36a. dismissal of his RLUIPA claim. DeHart’s complaint, as initially filed, II. also claimed that his right to freely exercise his religious beliefs had been We have jurisdiction to hear this appeal impaired in violation of the Religious pursuant to 28 U.S.C. § 1291. Our review of a district court’s grant of summary Freedom Restoration Act, 42 U.S.C. § § 2000bb et seq . (1993) (“RFRA”). In City judgment is plenary and we employ the of Boerne v. Flores , 521 U.S. 507, 117 same standard as applied below. United States ex rel. Quinn v. Omnicare , 382 F.3d S.Ct. 2157, 138 L.Ed. 624 (1997), the S u p re m e C o u r t d e c la r e d R F RA 432, 436 (3d Cir. 2004). A district court unconstitutional as applied to the States, may grant summary judgment when there is no genuine issue of material fact to be and DeHart’s claim was extinguished . After II and before the lower resolved at trial and the moving party is court’s decision on remand, RLUIPA was entitled to judgment as a matter of law. Id. enacted as a replacement for RFRA. Summary judgment is appropriate “if the DeHart was granted leave to amend his pleadings, depositions, answers to complaint to state a claim under the new interrogatories, and admissions on file, statute. DeHart v. Horn , No. 95-1238 together with the affidavits, if any, show *7 that there is no genuine issue as to any related to legitimate penological interests.” material fact and that the moving party is Id. at 89. We elaborated in II that: entitled to a judgment as a matter of law.” [T]his standard of review requires a Fed. R. Civ. P. 56 (c). The substantive law court to respect the security, governing the dispute will determine rehabilitation and administrative which facts are material, and only disputes concerns underlying a prison over those facts “that might affect the regulation, without requiring proof outcome of the suit under the governing that the regulation is the least law will properly preclude the entry of restrictive means of addressing those summary judgment.” Anderson v. Liberty concerns, it also requires a court to Lobby, Inc. , 477 U.S. 242, 248 (1986). “In give weight, in assessing the overall reviewing the grant of summary judgment, reasonableness of regulations, to the we must affirm if the record evidence inmate’s interest in engaging in submitted by the non-movant ‘is merely constitutionally protected activity. colora ble or is no t signific antly probative.’” Port Auth. of New York & 227 F.3d at 51. Thus, DeHart’s appeal New Jersey v. Affiliated FM Ins. Co. , 311 forces us to resolve the tension between a F.3d 226, 232 (3d Cir. 2002). court’s duty to redress constitutional violations resulting from neutral prison
III. regulations and its obligation not to A. unreasonably interfere with the complex issues involved in managing the day-to- In Turner v. Safely the Supreme Court day activities of a prison. identified the crucial balance in assessing inmates’ claims that their constitutional Turner articulated a four factor test for rights were violated by prison regulations. determining whether a prison regulation is While “[p]rison walls do not form a barrier reasonably related to a legitimate separating prison inmates from the penological interest. 482 U.S. at 79. As protections of the Constitution. . . . ‘the we explained in Waterman v. Farmer , 183 problems of prisons in America are F.3d 208, 213 n.6 (1999) (citation complex and intractable, and, more to the omitted):
point, they are not readily susceptible of S. at 84 . resolution by decree.’” 482 U 396, 404-405, 94 S.Ct. 1800, 40 L.Ed.2d , 416 U.S. Procunier v. Martinez (quoting 224 (1974)). Recognizing this tension in established the standard principles, (1) whether a rational connection [ Turner ] requires courts to consider (2) whether alternative neutral, exists between the regulation and a interest; legitimate government of review for prisoner constitutional
claims: “when a prison regulation impinges on inmates’ constitutional rights, DeHart In II we upheld the District the regulation is valid if it is reasonably Court’s finding that this factor favored
the Prison. We held that a prison’s *8 means exist for inmates to exercise fourth Turner factors. 227 F.3d at 57-59. the constitutional right at issue; (3) Specifically, we asked the District Court to what impact the accommodation of assess the potential impact on the prison the right would have on inmates, community of granting DeHart’s request prison personnel, and allocation of for a special diet comporting with his prison resources; and (4) whether religious beliefs in light of the prison obvious, easy alternatives exist. system’s experience with providing other We cautioned in approach “does not call for placing each II that this DeHart a numerical result,” but that assessing the reasonableness of a prison regulation factor in one of two columns and tallying requires consideration of all the evidence in the record. 227 F.3d at 59. [6] the lower court to reexamine whether DeHart’s religious dietary restrictions could be accommodated in such a way as religious diets. Id. at 58. We also asked in the absence of some further explanation, Prison. to impose only a de minimis cost on the defendants’ treatment of Jewish inmates, Id. We noted that “the When we reversed the District Court’s casts substantial doubt on their assertion grant of summary judgment in DeHart II, that accommodating DeHart’s request we directed the lower court to reevaluate would result in significant problems for its findings on the second, [7] third and the prison community.” Id . We are satisfied that the District Court on remand properly considered the impact on other interests in an efficient food system and inmates, guar ds an d th e prison in avoiding inmate jealousy were administration of providing of religious legitimate penological concerns. 227 diets for adherents of other faiths, and we F.3d at 53. Additionally, the Prison’s agree that the third Turner factor favors refusal to provide DeHart with a the Prison. While neither party separately religious diet bore some rational relation addressed the lower court’s findings on the to that interest. Id. fourth Turner factor in this appeal, we are In II we explained that also satisfied with the District Court’s Turner was equally applicable to
DeHart’s Free Exercise and Equal Buddhist beliefs through meditation, Protection claims, and that the analysis correspondence with Buddhist religious significantly overlapped. 227 F.3d at 61.
organizations, and through the purchase We instructed the lower court to of canvas, rather than leather, sneakers, reconsider its analysis of the second amongst other accommodations. See factor on remand in light of our Magis. Rep. & Rec. on Mot. for Summ. decision to overrule Johnson . 227 F.3d J., at R.R. 19a-24a. DeHart has not at 54. The District Court subsequently appealed this finding, so that only the held that this factor also favored the third and fourth factors are at issue in Prison, as DeHart was able to express his this appeal.
analysis on that issue. DeHart has repeatedly affirmed the Avon
B. diet, he has also continued to insist that he be served no pungent vegetables. [10] The third Turner factor requires that we
analyze the impact of accommodating DeHart’s dietary requests on inmates, resources. When prison personnel, and allocation of prison modified serving sizes of items on the DeHart proposed that he be served a diet II was decided, created by dietician Karen Avon which [9] Although Avon diet, however, includes items that The [8] whole grain bread as supplements. master menu and added soy milk and contain pungent vegetables. pasta bean soup, . . . , the soy barbeque, tomatoes, the vegetable soup, . . . , the bean soup, . . . , the soy pasta sauce, the and onions: “garden burgers, the chili, the bean chili, the tofu salad, the stewed bean and pasta casserole, the vegetable Gordon, at R.R. 712a. Avon’s proposed and the bean burger.” Dep. of Margaret the fried potatoes, the baked beans, . . . , menu included stewed tomatoes, baked
beans, and beet and onion salad. Aff. of Karen Avon, at R.R. 202a-210a. [8] Aff. of Karen Avon, at R.R. 195a-
232a. Avon includes as an appendix to DeHart’s affidavit submitted in support of his Opposition to the her affidavit modifications based on one Appellees’ Motion for Summary week’s master menu. For example, on Judgment, which his counsel affirmed Monday inmates were served for supper during oral argument, included the egg salad made with one egg yolk, three following statements: egg whites, onion, celery and 4. I cannot eat dairy products, mayonnaise, one half cup noodles, one pungent vegetables, or meat half cup succotash, one half cup beet and products, in any form and follow onion salad, fresh fruit and eight ounces my religious beliefs. of skim milk. Avon proposed that 5. I would agree to eat extra DeHart be served one half cup of servings of vegetables, and extra noodles, one cup succotash, one cup beet servings of non-meat items such as and onion salad, two slices of whole tofu, beans, soy milk, and peanut grain bread, two teaspoons of margarine, butter, which are consistent with my fresh fruit, eight ounces of soy milk and religious beliefs . These items, with eight ounces of iced tea. Id. at R.R. the exception of soy milk, appear in 202a.
the main menu offered to all Margaret Gordon, a clinical dietitian inmates, nearly every day and are for the Commonwealth of Pennsylvania, readily available. They are also testified at her deposition that the regularly mixed with onions and following non-meat, non-dairy items garlic, which are prohibited from the master menu contained garlic pungent vegetables.
DeHart’s proposed diet now appears to be whole grain bread and extra servings of the that he be served extra portions of few alternative protein sources DeHart vegetables and grains on the master menu, would eat, all at extra cost to the Prison. consistent with the Avon diet, but with the Id. Secured food storage would be portions individually prepared to his required in order to prevent theft of the dietary specifications . Alternatively, he specially ordered items. Id. The District proposes that he receive extra daily Court noted that DeHart’s proposed diet servings of the alternative protein sources was not nutritionally adequate, and would available at the Prison, but specially require regular nutritional audits by a prepared without pungent vegetables and contract dietician, also at extra cost to the outside of their rotation on the master Prison. Id. In contrast, the District Court menu. Therefore, to the extent that found that the religious diets provided to DeHart II’s discussion of the third and Jewish and M uslim inmates did not require fourth Turner factors used the Avon diet
as its comparison point, our prior ruling
provides little guidance for our analysis. In II we directed the District Court to determine how and if the
The District Court held that DeHart’s Pennsylvania Department of Corrections proposed diet would place a greater burden Food Services Administrative Directive on the Prison than the dietary requiring a registered dietician to verify accommodations granted to Jewish and that the master menu meets or exceeds Muslim inmates. See Magis. Rep. & Rec. the recommended daily nutritional on Mot. for Summ. J., at R.R. 30a-36a. allowances would apply to DeHart’s DeHart’s diet would require individualized proposed diet. 227 F.3d at 49 n.1. If the preparation of his meals, which is made District Court found that DeHart’s more burdensome by the fact that the proposed diet fell short of the nutritional Prison’s kitchen was set up only for bulk standards contained in the Administrative food preparation. Id. Additionally, it Directive, we indicated that the issue would require special ordering soy milk,
would remain under whether the directive was reasonably related to a . . . legitimate penological interest. Id. 7. Now that the Commonwealth Neither party nor the District Court serves alternate protein sources addressed this question on remand. such as tofu, peanut butter and However, we recognize the link between beans, if they were to give me good health and a nutritionally adequate servings of those items without diet, and note that the prison has a pungent vegetables , it would come significant interest in keeping prisoners far closer to satisfying my healthy, given the costs of medical nutritional needs than they do now. treatment and the difficulty in preventing Aff. of Robert P. DeHart, at R.R. 256a- the spread of illness between prisoners in 260a (emphasis added). close quarters.
special ordering of items not already involve supplementing or alternating available at the Prison or through the regular prison meals with additional foods Prison’s current vendors, nor did they already available at the prison. However, require individualized preparation of providing a diet free of pungent vegetables meals. Id. would mandate that the prison alter the kosher meals served to Jewish inmates and the Sahoora bags provided to Muslim inmates during Ramadan also require individualized preparation and the serving of items not appearing, or outside their rotation, on the master menu. He contends request would pose any greater burden on that there is no reason why granting his individualized preparation is required for the Prison than other special diets because On appeal, DeHart argues that the cold some of the therapeutic diets include would fit within his restrictions. While forward, in specific terms, a diet that way it prepares meals. This problem is only heightened by DeHart’s failure to put the failure [13] included on the master menu, specially prepared items and foods not diets puts the health of inmates at risk and could result expenses. to provide medically necessary therapeutic in significant medical all the therapeutic meals and religious With respect to the dietary diets. Additionally, he argues that his accommodations provided to Jewish dietary request is no more likely to lead to inmates, the cold kosher meals do not an increase in requests for dietary require special ordering of items not accommodations than any of the other already available at the Prison. The kosher special diets served at the Prison. meals involve negligible preparation, as distinction. None of the other special diets served at the Prison require individualized preparation are prison kitchens prepare food and reorganization of the way and [12] Other religious diets religious beliefs. provided to accommodate an inmate’s DeHart’s arguments overlook a crucial fact, the diet DeHart requests bears a they are uncooked, and in the case of some fruits and vegetables, uncut as well. In . Johnson meals we declined to require in greater resemblance to the hot kosher inmates require some special preparation The Sahoora bags provided to Muslim in order to prevent foods in the breakfast
bags from spoiling overnight, and add the There are no inmates receiving the complication of being served outside of cold kosher diet at SCI-Greene, so we
normal mealtimes. However, these today. Although analysis under Turner is Sahoora bags do not require major changes not a mere tabulation of factors, it is clear to how the prison purchases, stores or from the foregoing analysis that the prepares food, in contrast to the special Prison’s denial of DeHart’s request for a preparation of single servings sought by diet consistent with his Buddhist beliefs is DeHart. reasonably related to the Prison’s legitimate interest in efficient food With regard to th e provision. fourth Turner factor, the District Court found that there was no alternative that IV.
could fully accommodate DeHart’s As we noted in II, the analysis religious dietary restrictions while of DeHart’s Equal Protection claim imposing only a minimal burden on the incorporates much of the discussion of the Prison. See Magis. Rep. & Rec. on Mot. third and fourth Turner factors. 227 F.3d For Summ. J., at R.R. 34a-36a. Simply at 61. In our earlier opinion, we directed providing double servings of vegetables the District Court to reconsider its grant of and grains on the master menu, or daily summary judgment for Appellees in light servings of the available alternative protein of our invalidation of the distinction drawn sources, would not meet DeHart’s needs between religious commandments and because they include pungent vegetables, positive expressions of belief. Id. We which he has repeatedly affirmed that he held that “the distinction drawn between would not eat. Id. at R.R. 35a. Special orthodox and non-orthodox believers ordering of soy milk, whole grain bread cannot justify the refusal of DeHart’s and extra servings of alternative protein request” in the absence of some nexus sources is costly and burdensome, as is the between this distinction and a legitimate individualized preparation of master menu penological concern. Id. On remand and items without pungent vegetables. Id. in this appeal, the Appellees argue instead DeHart denies that his proposed diet poses that DeHart is not similarly situated to any any special burden, but we agree that the group for equal protection purposes record supports the conclusion that his because his request poses a greater burden religious dietary restrictions cannot be met, than the dietary accommodations given to by the menu he suggests or any obvious Jewish and Muslim inmates. DeHart and easy alternative, with only a de argues that he is similarly situated to minimis cost to the Prison. Jewish and Muslim inmates, and again
In DeHart II we affirmed the District contests the District Court’s conclusion that his proposed diet is more burdensome. Court’s conclusion that first factor favored the Prison, and reversed its However, because we find that the burden findings as to the second, third and fourth imposed by DeHart’s proposed diet exceeds the burden imposed by factors. On remand, the lower court determined that those factors also favored accommodating Muslim and Jewish inmates, we affirm the District Court’s the Prison, a conclusion that we affirm *13 grant of summary judgment for Appellees review over a district court’s decision to on DeHart’s Equal Protection claim. [14] grant a motion to dismiss, and to the extent that our review turns on the statutory
V. construction of the exhaustion requirement Subsequent to our decision in DeHart in Section 1997e(a), our review is also II, DeHart amended his complaint to state plenary. Spruill v. Gillis , 372 F.3d 218, a claim under the newly enacted Religious 226 (3d Cir. 2004) (citations omitted). Land Use and Institutionalized Persons Act. Appellees filed a motion to dismiss DeHart had not exhausted the prison the amended complaint on the ground that accepted the Magistrate’s Report and Recommendation to dismiss and DeHart RLUIPA claim. The District Court administrative grievance process for his [15] We exercise plenary now appeals. c o r r e c t io n a l administrative remedies as are available or any other Federal law, by a prisoner action shall be brought with respect to prison conditions under Section 1983 . . . (1996). are exhausted.” 42 U.S.C. § 1997e(a) confined in any jail, prison, or other Section 1997(e)(a) provides that “[n]o This stringent exhaustion f a c i l it y u n t i l s u c h
requirement was established by the Prison Litigation Reform Act of 1995 (“PLRA”), As a result of our conclusion that replacing language that required prisoners DeHart is not similarly situated to any to exhaust only those “plain, speedy, and other group of inmates, there is no need effective remedies as are available.” Civil to consider the Turner factors in Rights of Institutionalized Persons Act, addressing his Equal Protection claim. Pub. L. No. 96-247, 94 Stat. 349, § 7(a) Although the District Court’s order amended by (1980), Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, does not so specify, we conclude that the 110 Stat. 1321 at 66 (1996). The PLRA dismissal for failure to exhaust was enacted with a two-fold purpose: to administrative remedies was with limit the number of prison condition prejudice, and therefore final and lawsuits then flooding the courts and to appealable under 28 U.S.C. § 1291. return control over prison policies and Plaintiff has never argued that the decision-making to local prison officials. dismissal should be without prejudice, See Porter v. Nussle , 534 U.S. 516, 524- but instead contends that exhaustion is 25, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002). not required. In essence, the lower
court’s ruling was an adjudication on the
merits of his contention because it complaint, rather than attempt to exhaust addressed the question of whether his RLUIPA claim. As a result, the order RLUIPA so altered the standard of is appealable. See Deutsch v. United review as to require re-exhaustion of States , 67 F.3d 1080, 1083 (3d Cir. claims grieved under RFRA. Plaintiff 1995); Borelli v City of Reading , 532 has elected to stand on his dismissed F.3d 950, 951-52 (3d Cir. 1976).
This Court has repeatedly held that Appellees argue that DeHart has not Section 1997e(a) makes exhaustion of given the Prison an opportunity to address prison administrative remedies mandatory, his claim under what they assert is a new regardless of the efficacy of the grievance substantive standard contained in process. See, e.g., Nyhuis v. Reno , 204 RLUIPA, and as a result, the District F.3d 65, 67 (3d Cir. 2000) (holding that Court’s dismissal for failure to exhaust “the PLRA amended § 1997e(a) in such a administrative remedies is proper. way as to make exhaustion of all Appellees have never contended that a d m i n i s t r a t i v e r e m e d i e s DeHart did not exhaust all the available mandatory–whether or not they provide the administrative remedies when the claim inmate-plaintiff with the relief he says he was brought under RLUIPA’s predecessor, desires”); Booth v. Churner , 206 F.3d 289 RFRA. In fact, DeHart’s suit predates the (3d Cir. 2000) (finding exhaustion PLRA, and therefore he is not required to mandatory in Eighth Amendment claim exhaust all remedies under the PLRA’s brought by prisoner under § 1983 even stringent standard. It is clear from the though plaintiff s o ug h t m onetary record that prior to filing suit, DeHart damages), aff’d 532 U.S. 731 (2001). We exhausted all the administrative remedies held that an across-the-board, mandatory available to him in seeking a diet that exhaustion requirement serves the comported with his religious beliefs. The underlying policies of the PLRA, issue is then whether RLUIPA and RFRA including: are sufficiently different as to justify requiring DeHart to present his claim for a
(1) avoiding premature interruption second time to the prison grievance of the administrative process and process. Because we disagree with giving the agency a chance to Appellees’ contention that RLUIPA discover and correct its own errors; enacted a new substantive standard of (2) conserving scarce judicial review for prisoner religious claims, we resources, since the complaining hold that DeHart has satisfied the party may be successful in exhaustion requirement of Section vindicating his rights in the 1997e(a) and may proceed with his administrative process and the courts RLUIPA claim. may never have to intervene; and (3) improving the efficacy of the RFRA provided that “[g]overnment administrative process. shall not substantially burden a person’s exercise of religion even if the burden Nyhuis , 204 F.3d at 75. Although we results from a ru le of gene ral rejected a judicially-created futility applicability.” 42 U.S.C. § 2000bb-1(a) exception to the exhaustion requirement in (1993). RFRA included an exception to its Nyhuis , 204 F.3d at 71, we have never held blanket rule: “Government may that a prisoner must exhaust his claims substantially burden a person’s exercise of more than once. religion only if it demonstrates that *15 application of the burden to the change substantive constitutional law person—(1) is in furtherance of a rather than re med y constitu tional compelling governmental interest, and (2) violations, given the broad scope of the is the least restrictive means of furthering Act, its applicability to the States, and the that compelling governmental interest.” lack of evidence of First Amendment 42 U.S.C. § 2000bb-1(b). violations on par with the type of widespread abuse as demonstrated in RFRA had been passed in response to support of the Voting Rights Act of 1965. the Sup reme Court’s decision in City of Boerne , 521 U.S. at 530, 532. Employment Division v. Smith , in which the Court declined to apply strict scrutiny Following the decision in City of to a facially neutral, generally applicable Boerne , Congress attempted to preserve law that incidentally burdened members of RFR A’s com pelling gov ernm enta l a particular religious group. 494 U.S. 872, interest/least restrictive means test by 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990). recasting it in a form that could avoid the In doing so, the Court held that application fatal constitutional problems of that of the compelling government interest test statute. The result of this effort, RLUIPA, it set forth in Sherbert v. Verner , 374 U.S. essentially reiterates the language of 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 RFRA as it applies to institutionalized (1963), would have created the “anomaly” persons:
of a “constitutional right to ignore neutral No government shall impose a laws of general applicability.” City of substantial burden on the religious Boerne , 521 U.S. at 513 (citing Smith , 494 exercise of a person residing in or U.S. at 885). The Congressional findings confined to an institution, as defined accomp an y ing R F R A spec ificall y in section 1997 of this title, even if repudiated the Court’s decision in Smith , the burden results from a rule of see 42 U.S.C. § 2000bb(a)(4), with general applicability, unless the Congress stating that the purpose of RFRA government demonstrates that was “to restore the compelling interest test imposition of the burden on that as set forth in Sherbert v. Verner and person– Wisconsin v. Yoder and to guarantee its application in all cases where free exercise (1) is in furtherance of a compelling of religion is substantially burdened.” 42 governmental interest; and U.S.C. § 2000bb(b)(1) (citations omitted). (2) is the least restrictive means of
In City of Boerne , the Supreme Court f u r t h e ri n g t h a t c o m p e l l i n g overturned RFRA as it applied to the governmental interest.
States. It held that Congress had exceeded 42 U.S.C. § 2000cc-1(a) (2000). Congress the scope of its enforcement powers under was explicit in its intent to replicate in Section 5 of the Fourteenth Amendment in RLUIPA the substantive portions of enacting RFRA. The Court concluded that RFRA. 146 Cong. Rec. E1563-01 (daily RFRA was an impermissible attempt to *16 ed. Sept. 22, 2000) (statement of Rep. First, it pares the scope of the legislation Canady) (“[Section 2000cc-1(a)] applies from RFRA’s broad applicability down to the RFRA standard to protect the religious only land use issues and claims by exercise of persons residing in or confined institutionalized persons. Compare 42 to institutions”); 146 Cong. Rec. S7774-01 U.S.C § 2000bb-1 (“Government shall not (daily ed. July 27, 2000) (joint statement of substantially burden a person’s exercise of Sens. Hatch and Kennedy) (“[RLUIPA] religion even if the burden results from a applies the standard of the Religious rule of general applicability . . .”), with 42 Freedom Restoration Act”). U.S.C. § 2000cc (“No government shall and the District Court, it cannot be argued that RLUIPA does not apply the same did RFRA. The statutory language is standard to prisoner free exercise claims as nearly form. Record indicate that the legislative intent makes two fundamental changes to RFRA. See 146 Cong. Rec. E1563-01; 146 Cong. Rec. S7774-01. RLUIPA was to reenact RFRA in constitutional RLUIPA’s sponsors in the Congressional Contrary to the position of Appellees identical, and statements by impose or implement a land use regulation substantial burden on the religious exercise (“No government shall 42 U.S.C. § 2000cc-1 in a manner that imposes a substantial burden on the religious exercise of a person . . .”), and Second, it shifts the source of Congress’ from a rule of general applicability. . .”). of a person residing in or confined to an institution, . . . , even if the burden results styled as an expression of congressional power to pass the Act. While RFRA was authority under Section 5 of the Fourteenth impose a Amendment, RLUIPA w as enacted Appellees raised the question of pursuant to Congress’ powers under the Spending Clause, U.S. Const. art. I, § 8, cl. RLUIPA’s constitutionality before the 1, and the Commerce Clause, U.S. Const. District Court, but the issue was mooted art. I, § 8, cl. 3. See 42 U.S.C. § 2000cc- by the District Court’s holding that 1(b) (“This section applies in any case in DeHart had not exhausted his RLUIPA which – (1) the substantial burden is claim. The United States of America imposed in a program or activity that joined this case as an intervenor to receives Federal financial assistance; or (2) defend the constitutionality of RLUIPA the substantial burden affects, or removal before the District Court. The Supreme of that substantial burden would affect, Court recently granted certiorari in a case commerce with foreign nations, among the raising this issue. See Cutter v. several States, or with Indian tribes.”). Wilkinson , 349 F.3d 257 (6th Cir. 2003) RLUIPA makes no change to the standard (holding that RLUIPA violates the by which prisoners’ free exercise claims Establishment Clause), cert. granted , 73 are reviewed. U.S.L.W. 3229 (U.S. Oct. 12, 2004) (No.
03-9877). The constitutionality of The District Court’s reliance on Wilson RLUIPA may be an issue on remand to v. Moore , No. 4:01CV158-RV, 2002 WL the District Court.
950062 (N.D. Fla. Feb. 28, 2002), is in errors under the compelling interest/least error. In Wilson , the Northern District of restrictive alternative test of RFRA and Florida dismissed several claims made by RLUIPA. Forcing DeHart to present the the plaintiff, an inmate in a Florida state same claim under the same standard as a correctional facility, on the ground that the prerequisite to judicial review of his plaintiff had not exhausted his claims RLUIPA claim is unnecessary and serves under the new RLUIPA standard, even none of the purposes of the PLRA’s though the claims were filed before exhaustion requirement.
RLUIPA was enacted. The crucial VI. difference between Wilson and the instant case is that DeHart exhausted his free For the foregoing reasons, the judgment exercise claim under RFRA, which applied of the District Court with respect to the same standard as contained in DeHart’s First and Fourteenth Amendment RLUIPA, whereas in Wilson , the claims will be affirmed. The judgment of plaintiff’s grievances were filed well after the District Court with respect to DeHart’s RFRA was declared unconstitutional . See claim under the Religious Land Use and Institutionalized Persons Act will be Wilson , 2002 WL 950062, at *3-4 (noting that plaintiff filed grievances on July 10, reversed and remanded for further Aug. 21, Aug. 22, Dec. 18, and Dec. 25, proceedings consistent with this opinion. 2000). As a result, the prison reviewed the
Wilson plaintiff’s claim under the pre-
RFRA standard employed in Smith and
O’Lone v. Shabazz , 482 U.S. 342, 107
S.Ct. 2400, 96 L.Ed.2d 282 (1987), which
applied the reasonableness test to
prisoner free exercise claims. Wilson ,
2002 WL 950062, at *5. The actual
holding of Wilson is that RLUIPA
substantively changed the standard of
review from what it was before RFRA was
passed and after RFRA was declared
unconstitutional, and not, as the lower
court and Appellees suggest, from the
standard contained in RFRA itself.
DeHart is not required to re-exhaust his
RLUIPA claim. He appropriately
presented his grievance to the Prison under
the identical standard before commencing
the instant lawsuit in 1995. The Prison has
had its opportunity to correct its own
[3] The factors are outlined and designate page numbers in the discussed infra Part III. Reproduced Record.
[13] For example, the therapeutic diets compare DeHart’s request to the diet served to Jewish inmates at SCI- include items that do not appear on the Pittsburgh. The record does not specify master menu, such as pineapple and exactly how many Muslim inmates there grapefruit juice, apricots, sugar free are at SCI-Greene or in the Pennsylvania beverages, cold cuts, chicken pieces in correctional system, but the record broth, pineapple chunks, and applesauce. indicates that the number is considerable. Aff. of Karen Avon, at R.R. 219a-232a.