Opinion

Cruz v. Auker

Court
District Court, M.D. Pennsylvania
Filed
Jul 30, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOHN ANTONIO CRUZ, : CIVIL ACTION NO. 1:21-CV-655

:

Plaintiff : (Judge Conner)

:

v. :

:

MR. W.T. AUKER, et al., :

:

Defendants :

MEMORANDUM

This is a prisoner civil rights case filed pursuant to 42 U.S.C. § 1983. Plaintiff,

John Antonio Cruz, alleges that defendants violated his civil rights by not providing

him religious meals during Passover in 2020. The parties have filed cross motions

for summary judgment. Cruz’s motion will be denied, and defendants’ motion will

be granted in part and denied in part.

I. Procedural History

Cruz filed his complaint on March 13, 2021, and the court received and

docketed it on April 9, 2021. (Doc. 1). On November 8, 2022, the court granted

Cruz’s motion for leave to amend except to the extent that it sought to add a claim

for violation of the Eighth Amendment and to add claims against Robert Marsh and

deemed plaintiff’s amended complaint (Doc. 40) the operative complaint in the case.

(Doc. 44). The case accordingly proceeded as to: (1) a First Amendment freedom of

religion claim; (2) a First Amendment retaliation claim; and (3) a Fourteenth

Amendment equal protection claim. (See Doc. 40). Defendants answered the

amended complaint on February 23, 2023. (Doc. 52).

Defendants moved for summary judgment on May 31, 2023. (Doc. 82). Cruz

moved for summary judgment on October 3, 2023. (Doc. 97). The court

subsequently granted Cruz’s motion to compel discovery, reopened discovery, and

denied defendants’ motion for summary judgment without prejudice to file a

renewed motion for summary judgment after the close of discovery. (Doc. 104). On

March 1, 2024, the court denied Cruz’s motion to supplement his complaint to

include a claim for permanent injunctive relief requiring the Pennsylvania

Department of Corrections to provide appropriate religious meals for Jewish

inmates observing Passover and other religious ceremonies in the future. (Doc.

115). The court found that this proposed supplemental claim related “only

indirectly” to the claims at issue in the case and that allowing the claim to proceed

would likely require months of additional discovery. (Id. at 4). Defendants filed a

renewed motion for summary judgment on March 29, 2024. (Doc. 120). Cruz moved

to strike one of defendants’ summary judgment exhibits on June 4, 2024. (Doc. 127).

The motions for summary judgment and motion to strike are ripe for review.

II. Material Facts1

1 Local Rule 56.1 requires that a motion for summary judgment pursuant to

Federal Rule of Civil Procedure 56 be supported “by a separate, short, and concise

statement of the material facts, in numbered paragraphs, as to which the moving

party contends there is no genuine issue to be tried.” M.D. Pa. L.R. 56.1. A party

opposing a motion for summary judgment must file a separate statement of material

facts, responding to the numbered paragraphs set forth in the moving party’s

statement and identifying genuine issues to be tried. Id. Unless otherwise noted,

the factual background herein derives from the parties’ Rule 56.1 statements of

material facts. (See Docs. 99, 121-22, 124). To the extent the parties’ statements are

undisputed or supported by uncontroverted record evidence, the court cites

directly to the statements of material facts.

A. Facts Regarding Liability

Cruz is a member of the Jewish faith. (Doc. 121 ¶ 2; Doc. 124 ¶ 2). On April 6,

2020, he filed a grievance complaining that Jewish inmates who had signed up for a

Kosher diet were receiving less food than they were supposed to. (Doc. 98-1 at 2).

Passover began on April 8, 2020. (Doc. 99 ¶ 10; Doc. 122 ¶ 10). Cruz had previously

signed up to receive religious meals for Passover. (Doc. 99 ¶ 3; Doc. 122 ¶ 3). Cruz

did not receive any of the required Passover meals from April 8, 2020 through April

14, 2020. (Doc. 121 ¶ 5; Doc. 124 ¶ 5). Defendant Auker admits that he was one of

the officials responsible for distributing Passover meals during the relevant period.

(Doc. 126-6 at 3). Cruz has produced evidence showing that Marzzacco was also

personally involved in distributing Passover meals. (See Doc. 126-8 ¶ 18).

The parties’ accounts differ on when defendants learned that Cruz was not

receiving Passover meals, why this error occurred, and what defendants did to fix

the error. Defendants assert that Cruz’s name was “unconsciously and

inadvertently” omitted from the list of inmates who were to receive Passover meals

and that as soon as defendant Auker learned he was not receiving his Passover

meals he arranged to have them provided to him beginning on April 14, 2020. (Doc.

121 ¶¶ 4-6). Defendants cite grievance responses from prison officials and Auker’s

responses to Cruz’s requests for admissions to support these assertions. (See Docs.

121-4, 121-5). Defendants assert that this inadvertent omission occurred because

Passover was occurring at the beginning of the COVID-19 pandemic, which was

causing significant stress on the prison’s food service staff. (Doc. 121 ¶¶ 7-8).

Cruz disputes defendants’ factual contentions. According to Cruz,

defendants were aware that he was supposed to receive Passover meals prior to the

beginning of Passover but withheld the meals from him intentionally. (Doc. 124 ¶

4). In support of this assertion, Cruz cites an April 2, 2020 email from Matthew

McCoy to defendant Auker providing a list of inmates who were to receive Passover

meals. (Doc. 124-4). Cruz also notes that he personally notified Auker that he was

not receiving Passover meals via an inmate’s request to staff on April 10, 2024.

(Doc. 124 ¶ 4; Doc. 124-5).

B. Exhaustion of Administrative Remedies

Exhaustion of administrative remedies in the DOC is governed by the three-

step process outlined in the DOC’s grievance policy, DC-ADM 804. (See Doc. 121-

6).2 Under DC-ADM 804, a prisoner must first submit a written grievance within

fifteen working days from the date of the incident. Id. § 1(A)(8). DC-ADM 804

provides that the grievance must include “a statement of the facts relevant to the

claim,” “identify individuals directly involved in the events,” and “specifically state

any claims [the inmate] wishes to make concerning violations of Department

directives, regulations, court orders, or other law.” Id. § 1(A)(11). Next, the

prisoner must submit a written appeal to an intermediate review level within fifteen

working days. Id. § 2(A)(1)(a). Finally, the inmate must submit an appeal to the

2 Doc. 121-6 is a copy of DC-ADM 804, which is attached as Exhibit 6 to

defendants’ motion for summary judgment.

Secretary’s Office of Inmate Grievances and Appeals (“SOIGA”) within fifteen

working days. Id. § 2(B)(1)(b).

Cruz has filed one grievance about the events at issue in this case, grievance

number 864382. (Doc. 121 ¶ 15; Doc. 124 ¶ 15).3 The grievance does not assert a

retaliation claim. (Doc. 121 ¶ 17; Doc. 124 ¶ 17).4 The grievance does not name

defendant Marzzacco by her name or title, (Doc. 121 ¶ 16), but Cruz asserts that the

grievance’s reference to “dietary” should be construed as a reference to all dietary

staff members who were involved in the purported denial of Passover meals, a class

of people that included Marzzacco. (See Doc. 124 ¶ 16).

3 Defendants assert that “Plaintiff filed one grievance, number 864382, about

the events at issue in the above-captioned litigation.” (Doc. 121 ¶ 15). Cruz argues

that this is not true because he filed another grievance on April 6, 2020 asserting

that Jewish inmates were not being given full meal portions and this grievance is

the basis of his retaliation claim. (Doc. 124 ¶ 15). The court agrees that Cruz’s

amended complaint asserts a retaliation claim based on his filing of the April 6,

2020, grievance, but we construe defendants’ statement to assert that Cruz only

filed one grievance to exhaust administrative remedies on the claims he raises in

this case. Because the substance of Cruz’s retaliation claim is that defendants

denied him Passover meals in retaliation for the filing of his April 6, 2020, grievance,

his filing of the April 6, 2020, grievance does not—and cannot—exhaust

administrative remedies for his retaliation claim since the alleged retaliation

occurred after the grievance was filed. We accordingly deem defendants’ assertion

that Cruz only filed one grievance about the events at issue in this case undisputed.

4 Cruz objects that this assertion is “irrelevant” because “the defendants are

attempting to argue a pleadings argument during summary judgment.” (Doc. 124 ¶

17). Cruz continues: “This court liberally construed the Plaintiff’s complaint to also

claim a First Amendment Retaliation claim and gave direction to the defendants to

address it during the pleading stages of litigation. See Doc. 44. The defendants

failed to address this claim during the pleading stages of litigation and therefore

have waived their opportunity to do so.” (Doc. 124 ¶ 17 (citing FED. R. CIV. P. 12(h)

and 15(a)(3).) Because this response does not address the substance of defendants’

contention that the grievance fails to advance a retaliation claim, we will treat the

contention as undisputed. We address Cruz’s argument that defendants have

waived their exhaustion argument in the discussion section below.

III. Legal Standard

Through summary adjudication, the court may dispose of those claims that

do not present a “genuine dispute as to any material fact” and for which a jury trial

would be an empty and unnecessary formality. FED. R. CIV. P. 56(a). The burden of

proof tasks the non-moving party to come forth with “affirmative evidence, beyond

the allegations of the pleadings,” in support of its right to relief. Pappas v. City of

Lebanon, 331 F. Supp. 2d 311, 315 (M.D. Pa. 2004); see also Celotex Corp. v. Catrett,

477 U.S. 317, 322-23 (1986). The court is to view the evidence “in the light most

favorable to the non-moving party and draw all reasonable inferences in that party’s

favor.” Thomas v. Cumberland County, 749 F.3d 217, 222 (3d Cir. 2014). This

evidence must be adequate, as a matter of law, to sustain a judgment in favor of the

non-moving party on the claims. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250-

57 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-89

(1986). Only if this threshold is met may the cause of action proceed. See Pappas,

331 F. Supp. 2d at 315.

Courts may resolve cross-motions for summary judgment concurrently. See

Lawrence v. City of Philadelphia, 527 F.3d 299, 310 (3d Cir. 2008); see also Johnson

v. FedEx, 996 F. Supp. 2d 302, 312 (M.D. Pa. 2014); 10A CHARLES ALAN WRIGHT ET

AL., FEDERAL PRACTICE AND PROCEDURE § 2720 (3d ed. 2015). When doing so, the

court is bound to view the evidence in the light most favorable to the non-moving

party with respect to each motion. FED. R. CIV. P. 56; Lawrence, 527 F.3d at 310

(quoting Rains v. Cascade Indus., Inc., 402 F.2d 241, 245 (3d Cir. 1968)).

IV. Discussion

Cruz brings his federal constitutional claims under 42 U.S.C. § 1983. Section

1983 creates a cause of action to redress constitutional wrongs committed by state

officials. 42 U.S.C. § 1983. The statute is not a source of substantive rights, but

serves as a mechanism for vindicating rights otherwise protected by federal law.

See Gonzaga Univ. v. Doe, 536 U.S. 273, 284-85 (2002); Kneipp v. Tedder, 95 F.3d

1199, 1204 (3d Cir. 1996). To state a Section 1983 claim, plaintiffs must show a

deprivation of a “right secured by the Constitution and the laws of the United

States . . . by a person acting under color of state law.” Kneipp, 95 F.3d at 1204

(quoting Mark v. Borough of Hatboro, 51 F.3d 1137, 1141 (3d Cir. 1995)).

Cruz’s motion for summary judgment asserts that he is entitled to judgment

as a matter of law on his remaining claims. (Doc. 98). Defendants advance three

arguments to the contrary as to why they should instead be granted summary

judgment: (1) that Cruz failed to exhaust administrative remedies as to his claims

against Marzzacco and his retaliation claim; (2) that defendants are entitled to

qualified immunity as to Cruz’s free exercise and equal protection claims; and (3)

that Cruz may not recover declaratory relief, compensatory damages, or punitive

damages.5 (Doc. 123).

5 Defendants’ brief separates the declaratory relief, compensatory damages,

and punitive damages arguments into three separate arguments, but the court has

combined them here for the sake of brevity. We have additionally reordered

defendants’ arguments to align with the order in which we analyze them.

A. Exhaustion

We first consider defendants’ argument that Cruz failed to exhaust

administrative remedies with respect to his retaliation claim and his claims against

defendant Marzzacco. Under the Prison Litigation Reform Act (“PLRA”), prisoners

complaining about the conditions of their confinement must exhaust available

administrative remedies before they may file suit in federal court. 42 U.S.C. §

1997e(a). The PLRA requires proper exhaustion, meaning plaintiffs must

administratively grieve their claims in accordance with the procedural rules of the

prison in which they are incarcerated. Downey v. Pa. Dep’t of Corr., 968 F.3d 299,

305 (3d Cir. 2020) (citing Woodford v. Ngo, 548 U.S. 81, 88 (2006)). Failure to exhaust

administrative remedies is an affirmative defense that defendants must plead and

prove; it is not a pleading requirement for plaintiffs. Jones v. Bock, 549 U.S. 199,

216 (2007).

A prisoner is only required to exhaust administrative remedies that are

“available.” Rinaldi v. United States, 904 F.3d 257, 268 (2018) (citing Woodford, 548

U.S. at 93). An administrative remedy is unavailable, and administrative exhaustion

is thus excused, in three situations: “(1) when ‘it operates as a simple dead end—

with officers unable or consistently unwilling to provide any relief to aggrieved

inmates’; (2) when it is ‘so opaque that it becomes, practically speaking, incapable of

use,’ such as when no ordinary prisoner can discern or navigate it; or (3) when

‘prison administrators thwart inmates from taking advantage of a grievance process

through machination, misrepresentation, or intimidation.’” Id. at 266-67 (quoting

Ross v. Blake, 578 U.S. 632, 643-44 (2016)). If defendants establish failure to exhaust

administrative remedies, the burden shifts to the plaintiff to show that the

administrative remedy process was unavailable. Id. at 268.

At the outset, we consider Cruz’s argument that defendants waived their

ability to assert failure to exhaust administrative remedies by not asserting the

argument at the pleading stage of litigation. (Doc. 124 ¶ 17). This argument is

meritless. There is no strict timing requirement for defendants to assert the

affirmative defense of failure to exhaust administrative remedies. Drippe v.

Tobelinski, 604 F.3d 778, 781 (3d Cir. 2010).6

Turning to the merits of the exhaustion argument, record evidence

establishes that Cruz failed to exhaust administrative remedies with respect to his

retaliation claim. The only grievance Cruz filed to exhaust administrative remedies

on his claims, grievance number 864382, does not assert a retaliation claim or assert

6 To the extent Cruz’s citations of Federal Rules of Civil Procedure 12(h) and

15(a)(3) are meant as arguments that defendants waived their exhaustion argument

under these rules, (see Doc. 124 ¶ 17), these arguments are also meritless. Rule

12(h) states that the affirmative defenses of lack of personal jurisdiction, improper

venue, insufficient process, or insufficient service of process may be waived if a

defendant fails to assert them in an answer or motion to dismiss. FED. R. CIV. P.

12(h). The rule does not set a strict timing requirement for the assertion of failure

to exhaust administrative remedies. Rule 15(a)(3) states that “[u]nless the court

orders otherwise, any required response to an amended pleading must be made

within the time remaining to respond to the original pleading or within 14 days

after service of the amended pleading.” FED. R. CIV. P. 15(a)(3). We liberally

construe Cruz’s citation to Rule 15(a)(3) as an argument that defendants waived

failure to exhaust administrative remedies because their answer to his amended

complaint was untimely. Rule 15(a)(3), however, specifically contemplates that the

court may impose timing requirements for parties to answer amended complaints

that differ from the rule’s requirements, and this court has previously deemed

defendants’ answer to the amended complaint “properly and timely filed.” (Doc. 61

at 2). Neither Rule 12(h) nor Rule 15(a)(3) compels the conclusion that defendants

waived the affirmative defense of failure to exhaust.

any facts from which a retaliation claim could be inferred. (See Doc. 121 at 6). The

gravamen of Cruz’s retaliation claim is that defendants denied Cruz Passover meals

in retaliation for his April 6, 2020, grievance complaining about the portions of food

given to Jewish inmates, but grievance number 864382 does not mention the April

6, 2020, grievance or assert in any way that the denial of Passover meals was

motivated by Cruz filing earlier grievances. (See id.) Hence, we will grant

defendants summary judgment on the retaliation claim for failure to exhaust

administrative remedies.

Defendants additionally argue that Marzzacco is entitled to summary

judgment for failure to exhaust administrative remedies because Cruz failed to

name her in his grievance by name or title. (Doc. 123 at 14-15).

We disagree. The PLRA does not impose a “name all defendants” rule for

exhaustion of administrative remedies. Jones, 549 U.S. at 217. The purpose of a

grievance “is to alert prison officials to a problem, not to provide personal notice to

a particular official that he may be sued.” Williams v. Beard, 482 F.3d 637, 640 (3d

Cir. 2007) (quoting Jones, 549 U.S. at 219). Thus, an inmate’s failure to name a

defendant in his original grievance may be excused if the unnamed defendant is

“fairly within the compass of the prisoner’s grievance.” Spruill v. Gillis, 372 F.3d

218, 234 (3d Cir. 2004).

Cruz’s grievance states that “Dietary” was responsible for denying him

Passover meals, (Doc. 121-2 at 6), and Cruz asserts that this is a common term used

by inmates and staff in the DOC to refer to all dietary officials responsible for

serving meals when the exact identity of the individuals in question is not known.

(Doc. 126 at 18). The responses to Cruz’s initial grievance appear to corroborate his

assertion that “dietary” is commonly used to refer to all staff members working in

food service. (See, e.g., Doc. 121-2 at 7 (repeatedly using “Dietary” as a plural noun

referring to staff members); id. at 11 (same).) We find that this evidence creates a

genuine issue of material fact as to whether Cruz’s reference to “Dietary” was

sufficient to name Marzzacco in his original grievance.

B. Free Exercise and Equal Protection Claims

Cruz argues he is entitled to summary judgment on his free exercise and

equal protection claims and defendants argue they are entitled to qualified

immunity on these claims. We address these arguments concurrently.

“The doctrine of qualified immunity protects government officials from

liability for civil damages insofar as their conduct does not violate clearly

established statutory or constitutional rights of which a reasonable person would

have known.” Pearson v. Callahan, 555 U.S. 223, 231 (2009) (internal quotation

marks omitted). “Qualified immunity balances two important interests—the need

to hold public officials accountable when they exercise power irresponsibly and the

need to shield officials from harassment, distraction, and liability when they

perform their duties reasonably.” Id. It “provides ample protection to all but the

plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475

U.S. 335, 341 (1986). “Thus, so long as an official reasonably believes that his

conduct complies with the law, qualified immunity will shield that official from

liability.” Sharp v. Johnson, 669 F.3d 144, 159 (3d Cir. 2012) (citing Pearson, 555

U.S. at 244).

Although qualified immunity is generally a question of law that should be

considered at the earliest possible stage of proceedings, a genuine dispute of

material fact may preclude summary judgment on qualified immunity. Giles, 571

F.3d at 325-26. A qualified immunity determination involves a two-pronged inquiry:

(1) whether a constitutional or federal right has been violated, and (2) whether that

right was “clearly established.” Pearson, 556 U.S. at 232. These prongs may be

considered in either order. Id. at 236. Qualified immunity is an affirmative defense

that must be pleaded and proven by the defendant asserting it. Halsey v. Pfeiffer,

750 F.3d 273, 288 (3d Cir. 2014).

Defendants argue that they are entitled to qualified immunity because they

reasonably believed that their actions did not violate Cruz’s constitutional rights.

Defendants concede that Cruz has the right to religious meals in accordance with

his faith, but they assert they were unaware they were violating this right because

the list of inmates slated to receive Passover meals inadvertently omitted Cruz.

(Doc. 123 at 7-8). Given the purported omission of Cruz’s name from the list as well

as the stress caused by the COVID-19 pandemic, defendants assert that a

reasonable person in their shoes would have similarly declined to give Cruz

religious meals. (Id. at 8). Defendants assert that as soon as Auker became aware of

Cruz not being given Passover meals, he rectified the mistake. (Id. at 8-9).

We find that genuine issues of material fact preclude summary judgment as

to both defendants’ assertion of qualified immunity and plaintiff’s merits argument.

The parties have provided conflicting accounts—both of which are supported by

record evidence—as to when defendants learned that Cruz was being denied

religious meals, why he had been denied these meals, and what steps defendants

took to rectify the situation when they learned of it. Defendants assert that the

omission of Cruz’s name from the list of inmates to receive Passover meals was an

inadvertent mistake caused largely by the stress of the COVID-19 pandemic and

that immediately upon learning of this mistake they corrected it and began

providing Passover meals to Cruz. (See Doc. 121 ¶¶ 4-8; Doc. 121-4; Doc. 121-5).

Cruz asserts that defendants were subjectively aware that he was supposed to

receive Passover meals throughout Passover but intentionally deprived him of

those meals. (See Doc. 124 ¶ 4; Doc. 124-4; Doc. 124-5). Determining which of these

accounts of the relevant facts is true is the province of the finder of fact. The court

cannot weigh the parties’ conflicting evidence at this stage of litigation. We will

deny both parties’ motions with respect to Cruz’s free exercise and equal protection

claims.

C. Declaratory Judgment

Declaratory relief is prospective in nature and may not be awarded based on

past harms. CMR D.N. Corp. v. City of Philadelphia, 703 F.3d 612, 628 (3d Cir.

2013); Wenzig v. SEIU Local 668, 426 F. Supp. 3d 88, 100 (M.D. Pa. 2019).

Defendants argue that Cruz may not recover declaratory judgment in this case

because he alleges only past harms of his civil rights. (Doc. 123 at 10-11). Cruz

argues that declaratory relief is appropriate because:

Passover 2024 was scheduled to begin April 22, 2024 through April 30,

2024, and there are men here who were not given their unleavened

bread, the Plaintiff was shortened his amount because more people

signed up to observe this year. He was not provided with the complete

list of Seder food items Passover 2020, Passover 2023, or Passover 2024.

The Jews are experiencing antisemitic hatred concerning Passover

and this can only be settled via declarative judgment.

(Doc. 126 at 15).

We agree with defendants that Cruz cannot recover declaratory relief. Cruz’s

only allegation of harm—that he was denied religious meals during Passover in

2020—is a past harm for which the court may not grant declaratory relief. CMR

D.N. Corp., 703 F.3d at 628. Cruz’s allegation that Jewish inmates continue to be

denied adequate religious meals for Passover is immaterial. The court previously

denied Cruz’s motion to supplement his complaint to include claims requiring

defendants to prospectively provide Jewish inmates with adequate religious meals,

finding that these claims “relate only indirectly” to his currently operative

complaint seeking damages for the denial of religious meals during Passover in

2020. (Doc. 115 at 4). Because the only claims in this case seek relief for past harms,

we will grant defendants’ motion for summary judgment to the extent it seeks to bar

Cruz from obtaining declaratory judgment.

D. Damages

Defendants seek to bar Cruz from recovering compensatory or punitive

damages. The PLRA prohibits inmates from bringing claims “for mental or

emotional injury suffered while in custody without a prior showing of physical

injury or the commission of a sexual act.” 42 U.S.C. § 1997e(e). A prisoner

plaintiff’s claims for compensatory damages based on “mental and/or emotional

injury” caused by a violation of the plaintiff’s constitutional rights are barred by the

PLRA unless the plaintiff can establish that he suffered a related physical injury.

Allah v. Al-Hafeez, 226 F.3d 247, 250 (3d Cir. 2000).

Defendants argue Cruz may not recover compensatory damages because he

does not allege any physical injuries and instead seeks relief “for his injury of not

being able to observe his religious faith.” (Doc. 123 at 10). Defendants cite to a

portion of Cruz’s deposition to support this argument, (see Doc. 121 ¶ 13), wherein

defendants’ counsel asked Cruz to “briefly describe” his injuries and he responded,

“Well, you can imagine a person who is trying to, you know, observe their faith and

having to go through all these obstacles to do it, you know, that’s - - that was the

injury.” (Doc. 121-1 at 6).7 Cruz disagrees with defendants’ argument, asserting

that he suffered a physical injury in the form of hunger. (Doc. 124 ¶ 13).

We find that genuine issues of material fact preclude summary judgment on

the issue of compensatory damages. Cruz’s amended complaint alleges that during

the period he was denied Passover meals he suffered the following physical injuries:

After three days the body began to go through withdrawal, he could

not sleep, but he did not have enough energy to do anything. He had

to drink hot water to try to mask the hunger pains. His knees started

hurting the fourth day, and it did not matter how much he had the

housing unit officers contact dietary. Another day, no breakfast, no

lunch, no dinner, it is psychological. Every meal there was a false

hope, only to find out that it would not be for that day. Five days, six

days, flush, dizzy, starving.

(Doc. 40 at 12). It is undisputed that Cruz was provided alternative meals during

the relevant period, but his amended complaint alleges that eating these meals

7 The court cites the deposition transcript using the page numbers from the

court’s electronic docket.

during Passover would violate his Jewish faith because the meals were

contaminated with Chometz.8 (Doc. 40 ¶¶ 14-17). Defendants rely on Cruz’s

deposition testimony in which he only referred to his psychological injuries to

establish the fact that he did not suffer any physical injuries, but it appears from the

deposition transcript provided to the court that counsel never asked whether he

suffered any physical injuries in addition to his psychological injuries. (Doc. 121-1

at 6). We do not construe Cruz’s testimony regarding his psychological injuries as

an admission that he suffered no physical injuries. Because there are genuine

issues of material fact as to whether Cruz suffered physical injuries, we will deny

defendants’ motion for summary judgment on the issue of compensatory damages.

Defendants additionally seek to bar Cruz from recovering punitive damages.

(Doc. 123 at 11-12). Punitive damages, however, may be awarded “based solely on a

constitutional violation, provided the proper showing is made,” Allah, 226 F.3d 251,

that is, “when the defendant’s conduct is shown to be motivated by evil motive or

intent, or when it involves reckless or callous indifference to the federally protected

rights of others.” Smith v. Wade, 461 U.S. 30, 56 (1983). We will deny defendants’

request to bar Cruz from recovering punitive damages. We cannot say as a matter

of law that defendants’ actions were not recklessly or callously indifferent to Cruz’s

constitutional rights.

8 For purposes of this summary judgment analysis only, the court takes

judicial notice that “chometz,” often alternatively spelled as “chametz” or “other

spellings transliterated from Hebrew,” refers to “foods with leavening agents that

are forbidden to Jews on the holiday of Passover.” Chametz, WIKIPEDIA,

https://en.wikipedia.org/wiki/Chametz, (last visited July 30, 2024).

E. John Doe Defendants

Having resolved the parties’ summary judgment arguments, the court will

sua sponte dismiss Cruz’s claims against any John or Jane Doe defendants. Claims

against John or Jane Doe defendants are properly dismissed when the defendants

have not been identified prior to the discovery deadline. See, e.g., Blakeslee v.

Clinton County, 336 F. App’x 248, 250 (3d Cir. 2009) (nonprecedential);9 Ornstein v.

Warden, 3:18-CV-2042, 2021 WL 4290180, at *3 n.35 (M.D. Pa. Sept. 21, 2021); King v.

Mansfield Univ. of Pa., No. 1:11-CV-1112, 2014 WL 4546524, at *10 (M.D. Pa. Sept.

12, 2014).

F. Motion to Strike

Finally, we will deny Cruz’s motion to strike. The motion seeks to strike from

the docket the list of inmates that defendants have produced that showed which

inmates were to receive meals for Passover in 2020. (Doc. 127). Cruz argues the list

is properly stricken from the record because it cannot be verified as authentic

under Federal Rules of Evidence 901 or 902. (Id.) The court finds that the motion

to strike presents an evidentiary issue that would be properly resolved at the time of

trial, or, if appropriate, through a motion in limine filed before trial. We will deny

the motion to strike without prejudice to Cruz’s right to challenge the admissibility

of the list at a later stage of litigation.

9 The court acknowledges that nonprecedential decisions are not binding

upon federal district courts. Citations to nonprecedential decisions reflect that the

court has carefully considered and is persuaded by the panel’s ratio decidendi.

IV. Conclusion

We will grant defendants’ motion for summary judgment in part and deny it

in part. The case will proceed solely as to Cruz’s free exercise and equal protection

claims for damages against defendants Auker and Marzzacco. The parties will be

directed to file a joint status report indicating whether they wish to have this case

referred to mediation. If the case is not resolved through mediation, the court will

schedule an evidentiary hearing to determine whether defendants can establish the

affirmative defense of failure to exhaust administrative remedies.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner

United States District Judge

Middle District of Pennsylvania

Dated: July 30, 2024

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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