Case: Holt v. Hobbs

5:11-cv-00164 | U.S. District Court for the Eastern District of Arkansas

Filed Date: June 28, 2011

Closed Date: 2015

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Case Summary

On June 28, 2011, a devout Muslim prisoner at the Arkansas Department of Corrections' Cummins Unit filed a lawsuit in the United States District Court for the Eastern District of Arkansas under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA") against the Director of the Arkansas Department of Corrections and the Warden of the Cummins Unit. The plaintiff, proceeding without counsel, asked the court for a temporary and permanent injunction against the enforcement of the prison's grooming policy, claiming that the prison was substantially interfering with his right to practice religion in violation of RLUIPA and the First Amendment to the United States Constitution. Specifically, the plaintiff claimed that the prison's refusal to allow him to grow a 1/2 inch beard was not the least restrictive means of furthering the government's compelling interest in maintaining security in the prison.

On July 6, 2011, United States Magistrate Judge Joe J. Volpe, relying heavily on Fegans v. Norris, 537 F.3d 897 (8th Cir. 2008), recommended that the plaintiff's motion for preliminary injunction and temporary restraining order be denied. On October 18, 2011, the District Court (Chief Judge Brian S. Miller), however, rejected the magistrate's proposed findings, noting that the defendants failed to satisfy their burden of proving that the grooming policy was the least restrictive means to achieve prison security as applied to the plaintiff's case. The District Court then granted plaintiff's motion for a preliminary injunction and temporary restraining order, and remanded the case to the Magistrate Judge for further hearings on whether the grooming policy was the least restrictive means to maintain prison security.

After an evidentiary hearing, on January 27 2012, Magistrate Judge Volpe recommended that the Court's October 18, 2011 order be vacated, that the plaintiff's complaint be dismissed with prejudice for failure to state a claim upon which relief can be granted. Holt v. Hobbs, No. 11-cv-00164, 2012 WL 994481 (E.D. Ark. Jan. 27, 2012). Magistrate Judge Volpe noted that the state had brought forth credible evidence that a 1/2 inch beard presented security threats, notwithstanding the fact that under the policy a prisoner with a diagnosed skin condition was allowed to grow a 1/4 inch beard. For example, a 1/2 inch beard could conceal weapons and/or contraband; allowing a prisoner to keep a beard could allow him to disguise his identity (by shaving) in the event of an escape; and giving certain prisoners preferential treatment (allowing them to grow beards) could lead to other prisoners targeting them or seeing them as leaders. The plaintiff conceded that the government had a compelling interest in maintaining prison security, but argued that the policy was not the least restrictive means to do so. Specifically, the plaintiff referenced the procedures used by the New York Department of Corrections that maintain prison security by photographing inmates with and without a beard so that they may not disguise themselves in the event of an escape. Despite this evidence, Magistrate Judge Volpe declared that a high level of deference is owed to prison officials in judging the specific needs of their prison, and that policies of other prisons are not dispositive. Finally, the Magistrate Judge noted that because the plaintiff was already given several religious accommodations (a prayer rug, a list of distributors of Islamic material, correspondence with religious advisors, dietary accommodations, and unobstructed observance of religious holidays), the grooming policy did not "substantially burden" the plaintiff's religious exercise. The Magistrate Judge recommended that the complaint be dismissed with prejudice. Moreover, he recommended that dismissal of the complaint count as a "strike" for purposes of the Prison Litigation Reform Act, which penalizes prisoners if they file more than three lawsuits that are frivolous or fail to state a claim. On March 23, 2012, the District Court (Chief Judge Brian S. Miller) adopted the Magistrate's recommendations in full, and dismissed the plaintiff's complaint. Holt v. Hobbs, No. 11-cv-00164, 2012 WL 993403 (E.D. Ark. Mar. 23, 2012).

The plaintiff appealed to the Eighth Circuit Court of Appeals. On June 12, 2013, the Court (per curiam) held that the State met its burden under RLUIPA of establishing that the grooming policy was the least restrictive means of furthering the compelling government interest in prison security, and affirmed the District Court's dismissal of the case. The Court did, however, reverse the District Court's holding that the dismissal counted as a strike under the Prison Litigation Reform Act. Holt v. Hobbs, 509 Fed.Appx. 561 (8th Cir. 2013); No. 12-3185, 2013 WL 2500568 (8th Cir. June 12, 2013).

Still without counsel, the plaintiff then sought review in the Supreme Court of the United States; the Supreme Court granted certiorari, limited to the RLUIPA claims, and appointed counsel. Holt v. Hobbs, 134 S.Ct. 1512 (2014). On January 20, 2015, the Court reversed, unanimously. In an opinion by Justice Alito, the Court held that Arkansas's grooming policy violates RLUIPA "insofar as it prevents petitioner from

growing a 1⁄2-inch beard in accordance with his religious beliefs." The opinion focused on the fact that the state's asserted security interest was undermined by the fact that it allowed prisoners to grow 1/4-inch beards for medical reasons, and also allowed prisoners to grow their hair longer than 1/2 inch.

On March 12, 2015, defendants filed a motion to dismiss the case as moot. Plaintiff then filed a motion for contempt on March 24, 2015, arguing that the Department of Corrections was misapplying the court ruling. The court denied this motion for contempt.

On May 14, 2015, plaintiff filed a motion for permanent injunction, which was granted on June 4, 2015. The permanent injunction stated that prisoners can grow a 1/2 inch beard for religious reasons if they properly file for religious grooming accommodations. On June 9, 2015, the parties filed a joint notice stating that the Department of Corrections agreed to pay $134,000 to plaintiff's attorneys. On June 23, 2015, the court dismissed the case with prejudice.

On November 3, 2015, plaintiff filed a motion to reopen the case, alleging that he was advised that he should not help other prisoners file for religious grooming accommodations and was told not to teach Islam beliefs in a religious group for prisoners. The court denied this motion on November 20, 2015, because plaintiff had already been granted relief and was adding new claims. Plaintiff moved for reconsideration on November 27, 2015, stating that he was impermissibly and wrongly discharged from the PAL (Principles and Applications for Life) program in retaliation for exercising his right to advise other inmates on how to file for accommodations and for educating fellow inmates. The court denied this motion for reconsideration, on the grounds that the claims brought in the motion for reconsideration were unrelated to whether he should be permitted to wear a half-inch beard. The court found that if plaintiff wanted to pursue his new claims, he had to file a new case.

	Document
12-03185	General Docket U.S. Court of Appeals for the Eighth Circuit	Aug. 11, 2014	Aug. 11, 2014 Docket
13-06827	Docket Supreme Court of the United States	Oct. 7, 2014	Oct. 7, 2014 Docket
5:11-cv-00164	Docket [PACER]	Feb. 10, 2016	Feb. 10, 2016 Docket
3 5:11-cv-00164	Application for Preliminary Injunction and Temporary Restraining Order	June 28, 2011	June 28, 2011 Pleading / Motion / Brief
2 5:11-cv-00164	Complaint	June 28, 2011	June 28, 2011 Complaint
24 5:11-cv-00164	Declaration of Vernell Conley	Sept. 1, 2011	Sept. 1, 2011 Declaration/Affidavit
25 5:11-cv-00164	Declaration of Carlos Gutierrez	Sept. 1, 2011	Sept. 1, 2011 Declaration/Affidavit
28 5:11-cv-00164	Order	Oct. 18, 2011	Oct. 18, 2011 Order/Opinion
32 5:11-cv-00164	Motion for Leave to Amend	Oct. 19, 2011	Oct. 19, 2011 Pleading / Motion / Brief
68 5:11-cv-00164	Declaration of Rashaad Farris	Dec. 19, 2011	Dec. 19, 2011 Declaration/Affidavit

Title	Description		External URL Date / External URL
Holt v. Hobbs, 574 US _ (2015) The Oyez Project	Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the briefs and the docket and the written opinion.	01/20/2015	Jan. 20, 2015 https://www.oyez.org/...
Holt v. Hobbs Becket	In 2011, Abdul Muhammad, an inmate in an Arkansas state prison, sued in federal court for the right to wear a beard in accordance with his Muslim beliefs. After he lost in federal court, Becket and P…	Jan. 20, 2015	Jan. 20, 2015 https://www.becketlaw.org/...
Holt v. Hobbs SCOTUSBlog	An Arkansas prison policy that prevents a Muslim prisoner from growing a half-inch beard in accordance with his religious beliefs violates the Religious Land Use and Institutionalized Persons Act.	Jan. 20, 2015	Jan. 20, 2015 https://www.scotusblog.com/...

ECF Number	Description	Date	Link Date / Link
1	MOTION for Leave to Proceed in forma pauperis by Gregory Holt (pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011
2	COMPLAINT with Jury Demand against All Defendants filed by Gregory Holt(pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011
3	MOTION for Preliminary Injunction and Temporary Restraining Order by Gregory Holt (pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011
4	BRIEF IN SUPPORT re 3 Motion for Preliminary Injunction and for TRO filed by Gregory Holt. (pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011
5	ORDER denying 1 Plaintiff's Application to Proceed Without Prepaying Fees; directing the Clerk to mail to Plaintiff an Application to Proceed Without Prepaying Fees; and directing Plaintiff to submit within 30 days from the entry date of this Order, either the $350 statutory filing fee or a complete Application. Signed by Magistrate Judge Joe J. Volpe on 7/5/2011. (srw) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
7	PROPOSED FINDINGS AND RECOMMENDATIONS recommending 3 Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order be DENIED. Objections to R&R due no later than 14 days from the date of this Recommendation. Signed by Magistrate Judge Joe J. Volpe on 7/6/2011. (srw) (Entered: 07/06/2011)	July 6, 2011	July 6, 2011
9	NOTICE of Change of Address by Gregory Holt (pag)(copy mailed) (Entered: 07/07/2011)	July 7, 2011	July 7, 2011
10	OBJECTION to 7 Report and Recommendations by Gregory Holt (pag)(copy mailed) (Entered: 07/14/2011)	July 14, 2011	July 14, 2011
11	MOTION for Extension of Time to File Response/Reply as to 5 Order on Motion for Leave to Proceed in forma pauperis by Gregory Holt (pag)(copy mailed) (Entered: 07/21/2011)	July 21, 2011	July 21, 2011
12	MOTION to Amend/Correct 2 Complaint by Gregory Holt (pag)(copy mailed) (Entered: 07/21/2011)	July 21, 2011	July 21, 2011
13	EXHIBITS filed by Gregory Holt to 2 Complaint. (pag)(copy mailed) (Entered: 07/21/2011)	July 21, 2011	July 21, 2011
14	MOTION for Copies by Gregory Holt (pag)(copy mailed) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011
15	BRIEF IN SUPPORT re 11 Motion for Extension of Time to File Response/Reply filed by Gregory Holt. (pag)(copy mailed) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011
16	Letter from Robert Hawk (pag)(copy mailed) (Entered: 07/28/2011)	July 27, 2011	July 27, 2011
17	MOTION for Leave to Proceed in forma pauperis by Gregory Holt (pag)(copy mailed) (Entered: 08/03/2011)	Aug. 3, 2011	Aug. 3, 2011
18	ORDER granting 14 Plaintiff's Motion for Copies; and directing the Clerk of the Court to mail to Plaintiff copies of Docket Entries 11, 12, and 15 . Signed by Magistrate Judge Joe J. Volpe on 8/4/2011. (srw) (Entered: 08/04/2011)	Aug. 4, 2011	Aug. 4, 2011
20	ORDER granting 17 Plaintiff's Application to Proceed Without Prepayment of Fees; denying as moot 11 Plaintiff's Motion for Extension of Time; directing monthly payments be made from Plaintiff's institutional account for the statutory filing fee of $350; directing the Clerk of the Court to send a copy of this Order to the Warden of the Cummins Unit and appropriate ADC offices; and finding service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 8/9/2011. (srw) (Entered: 08/09/2011)	Aug. 9, 2011	Aug. 9, 2011
22	MOTION for Service by Gregory Holt (pag)(copy mailed) (Entered: 09/01/2011)	Aug. 31, 2011	Aug. 31, 2011
23	NOTICE to the Court by Gregory Holt (pag)(copy mailed) (Entered: 09/01/2011)	Aug. 31, 2011	Aug. 31, 2011
24	DECLARATION of Vernell Conley, by Gregory Holt. (kdr) (Entered: 09/02/2011)	Sept. 1, 2011	Sept. 1, 2011
25	DECLARATION of Carlos Gutierrez, by Gregory Holt. (kdr) (Entered: 09/02/2011)	Sept. 1, 2011	Sept. 1, 2011
27	MOTION for Copies by Gregory Holt (pag)(copy mailed) (Entered: 10/14/2011)	Oct. 14, 2011	Oct. 14, 2011
28	ORDER rejecting Magistrate Judge Joe J. Volpe's proposed findings and recommended partial disposition; granting 3 Plaintiff's Motion for Preliminary Injunction and TRO; and remanding the case to Judge Volpe to hold a temporary injunction hearing and permit defendants to present evidence showing that the Arkansas Department of Correction's beard grooming policy, which restricts Holt's First Amendment right to observe his religion, is the least restrictive means of achieving the security goals sought by the policy. Signed by Judge Brian S. Miller on 10/18/11. (hph) (Entered: 10/18/2011)	Oct. 18, 2011	Oct. 18, 2011
30	ORDER granting 12 Plaintiff's Motion to Amend/Correct; granting 27 Plaintiff's Second Motion for Copies; and directing the Clerk of the Court to mail to Plaintiff a copy of the docket sheet and all orders that have been entered in this case. Signed by Magistrate Judge Joe J. Volpe on 10/19/11. (hph) (Entered: 10/19/2011)	Oct. 19, 2011	Oct. 19, 2011
32	AMENDED COMPLAINT against All Defendants, filed by Gregory Holt.(hph) (entry modified on 11/3/2011 to correct file date to 10/19/11)(bfw). (Entered: 11/02/2011)	Oct. 19, 2011	Oct. 19, 2011
36	Letter from Gregory Holt (pag)(copy mailed) (Entered: 11/03/2011)	Nov. 1, 2011	Nov. 1, 2011
33	ORDER granting 22 Plaintiff's Motion for Service; directing the Clerk of the Court to prepare summons for Defendants Hobbs, Lay, Tate, Robertson, Richardson, and May; directing the U.S. Marshal to serve a copy of the 2 Complaint, 32 Amended Complaint, and summons on Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 11/2/2011. (srw) (Entered: 11/02/2011)	Nov. 2, 2011	Nov. 2, 2011
35	Summons Issued as to All Defendants. (srw) (Entered: 11/03/2011)	Nov. 2, 2011	Nov. 2, 2011
37	MOTION for Hearing by Gregory Holt (pag)(copy mailed) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011
38	SUMMONS Returned Executed by Gregory Holt. Larry May served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011
39	SUMMONS Returned Executed by Gregory Holt. M Richardson served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011
40	SUMMONS Returned Executed by Gregory Holt. V R Robertson served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011
41	SUMMONS Returned Executed by Gregory Holt. D W Tate served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011
42	SUMMONS Returned Executed by Gregory Holt. Gaylon Lay served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011
43	SUMMONS Returned Executed by Gregory Holt. Ray Hobbs served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011
44	SECOND MOTION to Amend/Correct 2 Complaint by Gregory Holt (pag)(copy mailed) (Entered: 11/17/2011)	Nov. 17, 2011	Nov. 17, 2011
45	NOTICE of Appearance by Christine A. Cryer on behalf of Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate (Cryer, Christine) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011
46	ANSWER to 2 Complaint by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate.(Cryer, Christine) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011
47	RESPONSE to Motion re 37 MOTION for Hearing filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Cryer, Christine) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011
48	RESPONSE to Motion re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Cryer, Christine) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011

Case: Holt v. Hobbs

5:11-cv-00164 | U.S. District Court for the Eastern District of Arkansas

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