In the United States District Court for the Eastern District of North Carolina Western Division
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION ) AMERICAN HUMANIST ASSOC., ) AND KWAME TEAGUE, ) ) ) Plaintiffs, CASE NO. 5:15-ct-03053-BO ) ) v. ) ) FRANK L. PERRY, et al., ) ) Defendants. ) PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Case 5:15-ct-03053-BO Document 69 Filed 07/28/17 Page 1 of 33 I. Nature of the Case and Statement of Facts1 Plaintiffs, the American Humanist Association (“AHA”) and Kwame Teague, challenge the North Carolina Department of Public Safety’s (“NCDPS”) disparate treatment of Humanists, and specifically, its refusal to allow Humanists to meet in groups to study and discuss their shared convictions while authorizing such group meetings for other faith groups of equal or smaller size, as violative of the Establishment and Equal Protection Clauses. NCDPS maintains a list of approved faith groups (“Faith Groups”) and provides them with time, space, and other resources. (A.64-70, 77-81, 1268). Only recognized Faith Groups are authorized to meet in groups for study and worship. (A.69, 1268). NCDPS tracks religious preferences in OPUS but only for approved Faith Groups. (A.3-35, 1292). NCDPS has approved several new Faith Groups since 2010, including one with only three inmates. (A.4, 183, 903, 1260). NCDPS concedes that approving Humanism would impose no threat to the security, control, operation and safety of a correctional institution. (A.925). Indeed, the federal government treats Humanism as a religious group.2 The Bureau of Prisons (“BOP”) approved Humanism as a faith group and allots the group two time-slots each week for “worship” and for “study.” (A.825-29, 833-39, 1075-76, 1081).
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