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Goodman v. Allen

United States District Court, M.D. Alabama, Northern Division

September 2, 2014

JAMES GOODMAN, #168712, Plaintiff,
v.
RICHARD ALLEN; GWENDOLYN MOSLEY; LEWIS BOYD; KENNETH SCONYERS; GWENDOLYN BABERS; ANTHONY ASKEW, and STEVEN WALKER, Defendants.

RECOMMENDATION OF THE MAGISTRATE JUDGE

TERRY F. MOORER, Magistrate Judge.

I. INTRODUCTION

This case is before the court on a 42 U.S.C. ยง 1983 complaint filed by James Goodman ["Goodman"], an indigent state inmate previously incarcerated at the Easterling Correctional Facility ["Easterling"], and currently incarcerated at Ventress Correctional Facility. Goodman makes the following claims in his complaint:

(1) defendants allow anyone on the "approved list" to be on the Native American sacred grounds, knowing that some White gang members on the list desecrate the sacred grounds, and defendants refuse to take corrective action;
(2) defendants break the ceremonial circle on Native American grounds to accommodate officers moving segregation inmates;
(3) defendants refuse to allow tobacco for ceremonial purposes or transfer Native American inmates to institutions that allow tobacco;
(4) defendants limit access to firewood and limit fires to three days a week while other institutions have fires daily;
(5) defendants refuse to allow Native American inmates to use tobacco in the ceremonial pipe;
(6) defendants prevent Native Americans from using the sweat lodge because it is 100 yards from the ceremonial grounds, the size of the area is incorrect, tobacco is prohibited, and Goodman is not allowed to transfer to an institution with a functioning sweat lodge; and
(7) defendant Chaplain Askew desecrated Goodman's ceremonial items, sacred boxes, or bundles upon entry to Easterling by touching them and, when asked to stop said, "I can do this I'm a holy man, " then laughed derisively.

Doc. No. 1, at 2-5. Goodman complains defendants' actions violated his rights under the First Amendment, Eighth Amendment, Fourteenth Amendment, Alabama Constitution, and Alabama Department of Corrections ["ADOC"] Policy No. 333. Id. Goodman names as defendants former Commissioner of the ADOC Richard Allen; Wardens Gwendolyn Mosley, Lewis Boyd, and Kenneth Sconyers; Correctional Captain Gwendolyn Babers; and Chaplains Anthony Askew and Steven Walker. Goodman seeks injunctive relief and monetary damages for the alleged violations.[1] Doc. No. 1, at 6.

The defendants filed an answer, special report, and supporting evidentiary materials addressing Goodman's claims for relief. Doc. Nos. 18, 19. Defendants argue: (1) Goodman's complaint fails to allege a short and plain statement of what each defendant did that entitles Goodman to relief, (2) Goodman fails to allege in what capacity he sues each defendant, (3) the complaint fails to state a claim upon which relief may be granted, (4) this court does not have jurisdiction to order the injunctive relief requested, (5) defendants are entitled to sovereign or qualified immunity, and (6) Goodman failed to exhaust his administrative remedies before filing suit or show how he has been injured. Doc. No. 18, at 5-13.

II. FAILURE TO RESPOND TO COURT ORDERS

The court informed Goodman that the defendants' special report may, at any time, be treated as a dispositive motion and explained to Goodman the proper manner in which to respond to a ...


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