Opinion

Brown v. LA Dept of Safety & Corrections

Court
District Court, W.D. Louisiana
Filed
May 22, 2025
Cited by
0 cases
Authority
More cited than 36.9%

The opinion

aa

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

DALE BROWN #53074/418906,, CIVIL DDOCKET NNO. 1:23--CV--01089

PPlaintiff SSEC P

VERSUS JUDGE EDWARDS

LA DEPT OF SAFETY & MAGISTRATE JUDGE PEREZ--MONTES

CCORRECTIONS ET AL,

Defendants

REPORT AND RECOMMENDATION

Before the Court is a Motion for Summary Judgment (ECF No. 31) seeking

dismissal of a civil rights Complaint (42 U.S.C. § 1983) filed by pro se Plaintiff Dale

Brown (“Brown”). Brown is incarcerated at the Raymond Laborde Correctional

Center (“RLCC”) in Cottonport, Louisiana. He alleges the denial of religious freedoms

in violation of the constitution and laws of the United States.

Because Brown cannot recover compensatory damages and Defendants are

entitled to judgment as a matter of law, the Motion for Summary Judgment should

be GRANTED.

I. Background

Brown alleges that he was notified by security that he was scheduled for a

“mandatory callout at the chapel.” ECF No. 1 at 2. Upon arrival at the chapel, he

was met by Chaplain Moore, Captain Gunn, and Col. Bordelon. Brown was

ushered into the chaplain’s office for a “Board Hearing.” Chaplain Moore handed

Brown a “revocation paper” informing Brown that his religious hair exemption had

been revoked. Brown was told that his beard would be cut off “one way or

another.” at 3.

Brown was then escorted to the showers where he was “shackled and forcibly

shaved” by Lt. Bordelon. He was written up for aggravated disobedience and

sanctioned with two days of room confinement.

Brown seeks money damages for the violation of his constitutional rights.

Brown’s claims against RLCC and James Leblanc have been denied and dismissed

with prejudice; his claims against the Department of Corrections (“DOC”) have been

dismissed for lack of jurisdiction; and his claim for the termination of employees has

been denied. ECF No. 9.

DOC Regulation No. PS-E-1 provides the policy for Religious Faith-Based

Programs and Services. ECF No. 31-4. Subsection 7.G.(1) instructs that each warden

“shall ensure that offenders have the opportunity to participate in practices of their

religious faith that are deemed essential by the faith’s governing judicatory, limited

only by documentation showing threat to the safety of persons involved in the practice

of the faith or that the practice itself disrupts order in the institution.” ECF No. 31-

4 at 5. In determining what constitutes legitimate religious practices, “the Warden

or designee shall consider whether there is a body of literature stating religious

principles that support the practices and whether the practices are recognized by a

group of persons who share common ethical, moral, or intellectual views. RLCC

adopted the DOC’s Policy. ECF No. 31-3.

Pursuant to the RLCC Offender Personal Grooming/Group Identification

Policy #03-03-004, facial hair “shall be limited to a well-groomed moustache and/or a

full beard not to exceed one half inches in length.” ECF No. 31-5 at 3. RLCC’s facial

hair policy is identical to DOC Regulation No. IS-C-4. ECF No. 31-6 at 3.

Brown requested a religious exemption seeking to grow his beard

unrestrained, without regard to length, while keeping his head shaved, purportedly

in conjunction with his identification as a Rastafarian “Beardman.”

III. Law and Analysis

Under Federal Rule of Civil Procedure 56(a), a court “shall grant summary

judgment if the movant shows that there is no genuine dispute as to any material

fact and the movant is entitled to judgment as a matter of law.” The moving party

bears the initial burden of informing the court of the basis for its motion by identifying

portions of the record which highlight the absence of genuine issues of material fact.

, 954 F.2d 1125, 1132 (5th Cir. 1992); Fed. R. Civ. P.

56(c)(1) (“A party asserting that a fact cannot be . . . disputed must support the

assertion by . . . citing to particular parts of materials in the record . . . .”).

A fact is “material” if proof of its existence or nonexistence would affect the

outcome of the lawsuit under applicable law in the case. ,

Inc., 477 U.S. 242, 248 (1986). A dispute about a material fact is “genuine” if the

evidence is such that a reasonable fact finder could render a verdict for the nonmoving

party.

When a motion for summary judgment is made and supported, an adverse

party may not rest on mere allegations or denials but must set forth specific facts

showing a genuine issue for trial. , 63 F.3d 429, 433

(5th Cir. 1995).

AA. Brown may not recover compensatory damages.

Brown seeks compensatory damages under the First Amendment, enforceable

against state officials through the Fourteenth Amendment, and the Eighth

Amendment.1 However, 42 U.S.C. § 1997e(e) provides that no federal civil action

may be brought by a prisoner for mental or emotional injury without a prior showing

of physical injury. , 23-CV-492, 2024 WL 4575368, at *3 (W.D.

La. 2024), , 2024 WL 4573601 (W.D. La. 2024)

(citing 42 U.S.C. § 1997e(e)). This requirement applies to all federal civil actions in

which a prisoner alleges a constitutional violation, including First Amendment claims

that are not usually accompanied by physical injury. (citing , 404

F.3d 371, 374-75 (5th Cir. 2005)) (“Section 1997e(e) applies to all federal civil actions

in which a prisoner alleges a constitutional violation, making compensatory damages

for mental or emotional injuries non-recoverable, absent physical injury.”);

, 529 F.3d 599, 605–06 (5th Cir. 2008);

, 277 F. App’x 491 (5th Cir. 2008). Brown does not allege that

he suffered any physical injury when his beard was shaved.

1 Because the Court has dismissed his request that Defendants’ employment be terminated

(ECF No. 9), Brown’s claim for compensatory damages is all that remains.

Even if his claim was not barred by § 1997e(e), Defendants would be entitled

to judgment as a matter of law. A prison policy or practice will not be found in

violation of the First Amendment if it is reasonably related to a legitimate penological

objective of the facility. , 21-CV-

733, 2022 WL 4593085, at *2 (M.D. La. 2022), , 82 F.4th 337 (5th Cir. 2023) (citing

, 834 F.2d 481, 487–87 (5th Cir. 1987)). This general statement of

the law has been applied to regulations that required Rastafarians to cut their hair,

even though keeping one’s hair unshorn and unwashed is a tenet of the Rastafari

religion. , 961 F.2d 77 (5th Cir. 1992);

, 69 F.3d 22, 25 (5th Cir. 1995).

Furthermore, according to a sworn statement of Chaplain Kenneth Moore,

Brown was provided multiple opportunities to provide documentation, a letter, or

communication from any recognized authority or group to establish that shaving his

head while growing a beard was a legitimate exercise of the Rastafarian religion.

ECF No. 31-8 at 2. Brown provided no authority.

Nor does Brown provide the Court with any religious authority for his

proclaimed religious belief. He cites an article that he “found on Westlaw” that

references “Beardmen” as a Rastafarian subgroup. ECF No. 37 at 1. However, the

article states that “Beardmen” “may trim” their beards. Melissa R. Johnson,

, 34 New Eng. J. on Crim. & Civ. Confinement 391, 397 (2008). The article

further provides that “Beardmen” “believe that the beard aand long hair are important

to the Rastafarian tradition but should be clean and neat.” (emphasis added).

Therefore, the journal article undermines Brown’s argument that his religious belief

allows him to shave his head while maintaining a long beard.

Finally, under Local Rule 56.2, a memorandum in opposition to a motion for

summary judgment must contain: (1) the material facts that the opponent contends

are genuinely disputed; and (2) a pinpoint reference to the document or other exhibit

establishing that each such fact is genuinely disputed. It is undisputed that Brown

failed to provide Defendants with documentation to substantiate his stated religious

observance of shaving his head bald and growing a beard as a legitimate exercise of

the Rastafarian faith. ECF No. 3-2 at 4. It is also undisputed that Brown was not

physically injured in any manner.

Because Brown suffered no physical injury, he may not recover compensatory

damages. Furthermore, the material facts are undisputed, and Defendants are

entitled to judgment as a matter of law.

IIII. Conclusion

Because Defendants are entitled to judgment as a matter of law, IT IS

RECOMMENDED that the Motion (ECF No. 31) be GRANTED, and the civil action

DISMISSED WITH PREJUDICE.

Under 28 U.S.C. § 636(b)(1)(c) and Fed. R. Civ. P. 72(b), a party may file

written objections to this Report and Recommendation within 14 days of service,

unless the Court grants an extension of time to file objections under Fed. R. Civ. P.

6(b). A party may also respond to another party’s objections to this Report and

Recommendation within 14 days of service of those objections, again unless the Court

grants an extension of time to file a response to objections.

No other briefs may be filed without leave of court, which will only be granted

for good cause. A party’s failure to timely file written objections to this Report and

Recommendation will bar a party from later challenging factual or legal conclusions

adopted by the District Judge, except if the challenge asserts “plain error.”

SIGNED on Thursday, May 22, 2025.

THU

JOSEPH H.L. PEREZ-MONTES

UNITED STATES MAGISTRATE JUDGE

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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