Opinion

Lentz v. Honeycutt

Court
District Court, W.D. North Carolina
Filed
Sep 29, 2022
Cited by
0 cases
Authority
More cited than 24.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION

CIVIL CASE NO. 5:22-cv-00098-MR

SHELBY REID LENTZ, )

)

Plaintiff, )

)

vs. )

)

FNU HONEYCUTT, et al., ) ORDER

)

Defendants. )

_______________________________ )

THIS MATTER is before the Court on initial review of the pro se

Complaint. [Doc. 1]. The Plaintiff is proceeding in forma pauperis. [Doc. 8].

I. BACKGROUND

The pro se Plaintiff filed this action pursuant to 42 U.S.C. § 1983

addressing incidents that allegedly occurred at the Alexander Correctional

Institution, where he is presently incarcerated. The Plaintiff names as

Defendants: FNU Honeycutt, the warden of Alexander CI; FNU Dye, the

assistant warden of Alexander CI; and Todd Ishee, the North Carolina

Department of Public Safety (NCDPS) secretary. He asserts violations of

the First Amendment and Religious Land Use and Institutionalized Persons

Act (RLUIPA), 42 U.S.C. § 2000cc-1 et seq. [Doc. 1 at 3]. He seeks

injunctive relief, damages, and a jury trial. [Id. at 5].

II. STANDARD OF REVIEW

Because the Plaintiff is proceeding in forma pauperis, the Court must

review the Complaint to determine whether it is subject to dismissal on the

grounds that it is “frivolous or malicious [or] fails to state a claim on which

relief may be granted.” 28 U.S.C. § 1915(e)(2). Furthermore, under § 1915A

the Court must conduct an initial review and identify and dismiss the

complaint, or any portion of the complaint, if it is frivolous, malicious, or fails

to state a claim upon which relief may be granted; or seeks monetary relief

from a defendant who is immune to such relief. 28 U.S.C. § 1915A.

In its frivolity review, this Court must determine whether a complaint

raises an indisputably meritless legal theory or is founded upon clearly

baseless factual contentions, such as fantastic or delusional scenarios.

Neitzke v. Williams, 490 U.S. 319, 327-28 (1989). Furthermore, a pro se

complaint must be construed liberally. Haines v. Kerner, 404 U.S. 519, 520

(1972). However, the liberal construction requirement will not permit a

district court to ignore a clear failure to allege facts in his Complaint which

set forth a claim that is cognizable under federal law. Weller v. Dep’t of Soc.

Servs., 901 F.2d 387 (4th Cir. 1990).

III. DISCUSSION

To state a claim under § 1983, a plaintiff must allege that he was

“deprived of a right secured by the Constitution or laws of the United States,

and that the alleged deprivation was committed under color of state law.”

Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 49-50 (1999).

The Plaintiff claims that he is a Sunni Muslim member of the Salafee

Reform movement for whom “congregational prayer is an obligation”; that

Defendants Honeycutt and Dye refuse to permit Muslim Religious Services

because of a modified lockdown, yet they are allowing outside yard and

education classes; that the Plaintiff is not being allowed “to fulfill [his]

obligation to establish the Friday Jumu’ah Prayer or weekly Ta’alim study

group”; and that Defendant Ishee “allows Defendants Honeycutt and Dye to

continue violations of [his] religious rights” [Doc. 1 at 3].

To sustain a free exercise claim under the First Amendment, a plaintiff

must show that he held a sincere religious belief, and that the official action

or regulation substantially burdened his exercise of that belief. Hernandez

v. Comm’r, 490 U.S. 680, 699 (1989). A prison policy that substantially

burdens an inmate’s ability to practice his religion withstands a First

Amendment challenge when it is “reasonably related to legitimate

penological interests.” O’Lone v. Estate of Shabazz, 482 U.S. 342, 349

(1987) (quoting Turner v. Safley, 482 U.S. 78, 89 (1987)). Claims brought

under the First Amendment are subject to a less demanding standard of

proof than claims brought under RLUIPA, with RLUIPA claims requiring

“strict scrutiny instead of reasonableness.” See Lovelace, 472 F.3d at 199

n.8.

Taking the allegations as true for the purposes of initial review, and

construing all inferences in the Plaintiff’s favor, the Court concludes that the

Plaintiff has stated claims under the First Amendment and RLUIPA that are

sufficient to pass initial review.

IV. CONCLUSION

In sum, the Plaintiff’s First Amendment and RLUIPA claims have

passed initial review against the Defendants.

In light of the Court’s determination that this case passes initial review

in accordance with this Order, the Court will order the Clerk of Court to

commence the procedure for waiver of service as set forth in Local Civil Rule

4.3 for Defendants Honeycutt, Dye, and Ishee, who are alleged to be current

or former employees of NCDPS.

ORDER

IT IS, THEREFORE, ORDERED that:

1. The Complaint [Doc. 1] passes initial review against Defendants

Honeycutt, Dye, and Ishee for violations of the First Amendment

and RLUIPA.

2. The Clerk shall commence the procedure for waiver of service as

set forth in Local Civil Rule 4.3 for Defendants Honeycutt, Dye, and

Ishee, who are alleged to be current or former employees of

NCDPS.

The Clerk is respectfully instructed to mail the Plaintiff an Opt-In/ Opt-

Out form pursuant to the Standing Order in Misc. Case. No. 3:19-mc-00060-

FDW and a copy of this Order.

IT IS SO ORDERED.

Signed: September 28, 2022

Martifi Reidinger ee

Chief United States District Judge AS

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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