Case 9:13-Cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 1 of 138
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Case 9:13-cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 1 of 138 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK JOSE RODRIGUEZ, Plaintiff, Civil Action No. 9:13-CV-1106 (DNH/DEP) v. D. ROCK, et al., Defendants. APPEARANCES: OF COUNSEL: FOR PLAINTIFF: JOSE RODRIGUEZ, Pro se 09-A-3150 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 FOR DEFENDANT: HON. ERIC T. SCHNEIDERMAN CHRISTOPHER W. HALL, ESQ. New York State Attorney General Assistant Attorney General The Capitol Albany, NY 12224-0341 DAVID E. PEEBLES U.S. MAGISTRATE JUDGE 1 Case 9:13-cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 2 of 138 REPORT AND RECOMMENDATION Pro se plaintiff Jose Rodriguez, a New York State prison inmate, has brought this action against several individuals employed by the New York State Department of Corrections and Community Supervision ("DOCCS") pursuant to 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc et seq., alleging that defendants violated both his First Amendment right to freely exercise his chosen religion and the RLUIPA when they denied him religious meals during Ramadan. Now that discovery in the action is closed, defendants have moved for summary judgment, arguing that they were not personally involved in the alleged violations, and further that they are entitled to qualified immunity from suit. For the reasons set forth below, I recommend the motion be granted in part but otherwise denied. I. BACKGROUND1 Plaintiff is a prison inmate currently being held in the custody of the DOCCS; and is a member of the Nation of Islam. See generally Dkt. No. 1. While he is now confined elsewhere, at the times relevant to the claims in 1 In light of the procedural posture of the case, the following recitation is derived from the record now before the court, with all inferences drawn and ambiguities resolved in plaintiff's favor. Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir. 2003). 2 Case 9:13-cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 3 of 138 this case, plaintiff was confined in the Upstate Correctional Facility ("Upstate") located in Malone, New York.2 Id. Each of the defendants named in plaintiff's complaint is employed at Upstate, including (1) David Rock, the Superintendent; (2) Michael Lira, the Deputy Superintendent of Programs; (3) Don Haug, the Food Service Administrator; (4) Timothy Debyah, a Block Sergeant; (5) Sean Patterson, a Corrections Officer; and (6) Lawrence LaBarge, also a Corrections Officer. Dkt. No. 1 at 1, 3-4; Dkt. No. 43-2 at 1; Dkt. No. 43-3 at 1; Dkt. No. 43-4 at 1; Dkt. No. 43-5 at 1; Dkt. No. 43-6 at 1; Dkt. No. 43-7 at 1. A. Underlying Facts Regarding Claimed Denial of Religious Meals Plaintiff was transferred from Great Meadow Correctional Facility into Upstate on August 3, 2012, during Ramadan, a religious period observed by members of the Nation of Islam. Dkt. No. 52 at 19-20. When an inmate is transferred to a new facility, a form that details basic information about him, including his religion, date of birth, and identifying marks or tattoos, is forwarded with him to the receiving facility. Id. at 23. According to plaintiff, when he was transferred to Upstate, the itinerary form that accompanied him noted that he was a member of the Nation of Islam. Id. at 25. Upon his 2 Upstate is a maximum security prison comprised exclusively of special housing unit ("SHU") cells in which inmates are confined for twenty-three hours each day, primarily for disciplinary reasons. Samuels v. Selsky, No. 01-CV-8235, 2002 WL 31040370, at *4 n.11 (S.D.N.Y. Sept. 12, 2002). 3 Case 9:13-cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 4 of 138 arrival at Upstate, plaintiff informed an unidentified sergeant that he was a member of the Nation of Islam, and the sergeant promised that he would be given the proper meals in accordance with his religion. Id. at 24-28. According to plaintiff, during Ramadan, members of the Nation of Islam refrain from eating food and drinking liquids between sunrise and sunset. Dkt. No. 52 at 28. Prisoners participating in Ramadan are given special meals that allow them to eat late at night and early in the morning. Id. at 28, 31-32. Specifically, a dinner tray is delivered to each Muslim inmate after sundown, along with a "sahoya bag" that contains food for the prisoner to eat early in the morning before sunrise. Id. at 31-32. Corrections officers deliver these meals to the prisoners. Dkt. No. 43-3 at 3. The parties have offered conflicting accounts regarding the relevant events following plaintiff's transfer into Upstate. At plaintiff's deposition he testified that, upon arriving at Upstate, he was taken to his cell by defendant Patterson and another unidentified corrections officer. Dkt. No. 52 at 34-35. Plaintiff informed defendant Patterson and the unidentified corrections officer of his Ramadan fast and need for Ramadan meals. Id. at 36. When plaintiff arrived at his cell, he was strip-searched by defendant LaBarge, at which time plaintiff informed defendant LaBarge of his religious needs. Id. at 34, 37-38. Later that night, plaintiff informed defendant Debyah that he had 4 Case 9:13-cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 5 of 138 not received his Ramadan meal; defendant Debyah responded by promising to look into the matter. Id. at 38-39. Over the next twelve days, plaintiff spoke to various DOCCS employees, including defendants Patterson, LaBarge, and Debyah, informing them that he was not receiving his Ramadan meals. Dkt. No. 1, 6-41; Dkt. No. 52 at 43-44, 50, 63, 72-73. Plaintiff alleges that he did not eat any food, and drank only tap water, between August 3, 2012 and August 14, 2012. Dkt. No. 52 at 30-31, 72. Plaintiff was served his Ramadan meal and sahoya bag on the evening of August 15, 2012. Dkt. No.1 at 12; Dkt. No. 52 at 72. Ramadan ended on August 17, 2012, with a special meal, which plaintiff also received. Dkt. No. 52 at 90. While defendants generally agree with plaintiff's recitation regarding the timing of his arrival at Upstate, defendants Patterson, Debyah, and LaBarge do not recall speaking to plaintiff about his religious meals. Dkt. No. 43-2 at 2; Dkt. No. 43-4 at 2-3; Dkt. No. 43-6 at 2. Defendant Patterson states that he was not working on August 3, 2012, when plaintiff arrived at the facility. Dkt. No. 43-6 at 2, 6-8. The only days on which defendant Patterson could have spoken to plaintiff were August 13, 2012 and August 14, 2012, because he did not work on plaintiff's block on any other day during the relevant period. Id. at 3. Both defendants Debyah and LaBarge 5 Case 9:13-cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 6 of 138 do not recall having conversations with plaintiff regarding his Ramadan meals on the days between August 3, 2012, and August 14, 2012. Dkt. No. 43-2 at 2; Dkt. No. 43-4 at 2-3. According to defendant Haug, when a Muslim inmate is transferred to Upstate, his name is placed on a list that notes his religion and the need for religious meals during Ramadan. Dkt. No. 43-3 at 2-3. The list is periodically generated from the prison chaplain's office and is attached to meal delivery carts. Id. Defendant Haug asserts that plaintiff's name appeared on the chaplain's list on August 3, 2012 and August 6, 2012, and defendant Haug "assume[d] that [plaintiff] received his Ramadan meals [between August 3, 2012, and August 17, 2012]." Id. at 3, 6-7. B. Plaintiff's Complaints to Prison Officials Plaintiff lodged complaints with various prison officials regarding the alleged failure to provide him with religious meals, both verbally and in the form of grievances and letters. Dkt. No. 52 at 39-85. 1. Defendant Haug Plaintiff wrote a letter to defendant Haug regarding his Ramadan meals on August 6, 2012. Dkt. No. 1-3 at 4; Dkt. No. 52 at 44. Plaintiff received a letter dated August 15, 2012, from the prison chaplain stating that, "[p]er the Food Service Administrator," plaintiff's name was on the list 6 Case 9:13-cv-01106-DNH-DEP Document 54 Filed 07/28/15 Page 7 of 138 of inmates to receive religious meals. Dkt. No. 1-1 at 1; Dkt. No. 52 at 45. At his deposition, plaintiff testified that his only contact with defendant Haug was the letter he sent on August 6, 2012, and receipt of the letters from the chaplain "per [defendant Haug]." Dkt. No. 52 at 45. Defendant Haug contends that he did not know of plaintiff's grievance until October 26, 2012, long after Ramadan had ended. Dkt. No. 43-3 at 4. Defendant Haug does not recall receiving plaintiff's complaint from August 6, 2012, and does not recall speaking to plaintiff at any time. Id. at 3-4. 2. Defendant Lira On August 6, 2012, plaintiff sent a letter to defendant Lira, the Deputy Superintendent of Programs at Upstate, complaining that he had not received his Ramadan meals. Dkt. No. 1-3 at 5; Dkt. No. 52 at 86. Defendant Lira did not respond to plaintiff's letter.