Ralph Thomas v. Frank O. Gunter Karen Shortridge, Superintendent Robert Houston, Associate Superintendent, 103 F.3d 700 (8th Cir. 1997). · Go Syfert
Ralph Thomas v. Frank O. Gunter Karen Shortridge, Superintendent Robert Houston, Associate Superintendent, 103 F.3d 700 (8th Cir. 1997). Cases Citing This Book View Copy Cite
19 citation events (12 in the last 25 years) across 5 distinct courts.
Strongest positive: Running Bird v. Mertens-Jones (sdd, 2023-02-06)
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Running Bird v. Mertens-Jones
D.S.D. · 2023 · confidence medium
Language in Turner certainly suggests that its deferential standard should be applied to all constitutional claims in prison 9 Shaw cites to Runningbird v. Weber, 198 F. App’x 576, 578 (8th Cir. 2006) for this requirement, and Runningbird cites to Thomas v. Gunter (Thomas II), 103 F.3d 700, 702-03 (8th Cir. 1997) for it.
discussed Cited as authority (rule) Pevia v. Moyer
D. Maryland · 2022 · confidence medium
The Eighth Circuit observed that “the key issue considered, in Thomas I” was not the broad issue Sisney identified but rather “the fact-bound question of whether there was ‘a rational relationship . . . between legitimate penological interests and the denial of even brief access to the sweat lodge[.]’” Sisney, 674 F.3d at 845 (quoting Thomas I, 32 F.3d at 1261 , and noting that, in the subsequent history of Thomas I, the Eighth Circuit considered the narrowly defined right to “daily and extended access on weekday afternoons to [a] sweat lodge” (quoting Thomas v. Gunter (Thomas …
discussed Cited as authority (rule) Harold Runningbird v. Douglas Weber
8th Cir. · 2006 · confidence medium
We further conclude that the record before the district court would not allow a jury to conclude that NAR inmates are denied a reasonable opportunity to pursue their faith as compared to inmates of other religions, see Thomas v. Gunter, 103 F.3d 700, 702-03 (8th Cir.1997), and Runningbird’s general verified allegations about other religious groups being treated more favorably are not sufficiently specific to support an equal protection claim, see Murphy, 372 F.3d at 984 (inmate had to show that he was treated differently than similarly situated class of inmates, and that differing treatment …
discussed Cited as authority (rule) Farrow v. Stanley, et al.
D.N.H. · 2005 · confidence medium
Gunter, 103 F.3d 700, 703 (8th Cir. 1997) (prison officials entitled to qualified immunity with regard to inmate’s request for increased access to prison sweat lodge); Wilson, 270 F. Supp. 2d. at 1355 (prison officials qualifiedly immune as against prisoner’s free exercise claim to a sweat lodge); Youngbear, 174 F. Supp. 2d at 920 (even though defendants’ one-year delay in constructing a sweat lodge violated inmates’ free exercise rights, defendants were entitled to qualified immunity).
cited Cited as authority (rule) Ivron Butler v. Mike Kemna
8th Cir. · 2002 · confidence medium
Having carefully reviewed the record, see Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir.1997) (standard of review), we affirm.
discussed Cited as authority (rule) Youngbear v. Thalacker
N.D. Iowa · 2001 · confidence medium
See e.g., Rich v. Woodford, 210 F.3d 961 (9th Cir.2000) (dissent from refusal to rehear case en banc in which a condemned man had sought to take part in a sweat lodge ceremony prior to his execution); McElhaney v. Elo, 202 F.3d 269 , 2000 WL 32036 , at *4 (6th Cir.2000) (unpublished decision affirming the granting of summary judgment for defendant prison officials on First Amendment claim that plaintiffs free exercise of religion rights were denied by lack of access to a sweat lodge); Swan v. Smith, 129 F.3d 127 , 1997 WL 697802 (9th Cir.1997) (unpublished opinion considering prisoner’s clai…
discussed Cited as authority (rule) Gerald Smith v. Brandon Gray
8th Cir. · 2001 · confidence medium
After de novo review of the record and the parties’ briefs, see Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir. 1997), we conclude that the District Court properly granted summary judgment to the defendants, because Smith’s evidence did not show that the officers knew that allowing the unrestrained inmate out of his cell presented a significant risk to Smith.
discussed Cited as authority (rule) Gerald Smith v. Gray, Correctional Officer Rucker, Correctional Officer Harkins, Correctional Officer (2×)
8th Cir. · 2001 · confidence medium
As Smith mopped, the defendants opened the cell door of another inmate, without first placing the inmate in restraints, and the inmate attacked Smith with a sharp instrument, causing injuries that required medical care and stitches. 3 The District Court granted summary judgment to the defendants based on qualified immunity, concluding that Smith had not presented evidence that the defendants were aware of any risk posed to Smith, and that the defendants responded reasonably to the situation when the attack occurred. 4 After de novo review of the record and the parties' briefs, see Thomas v. Gu…
discussed Cited as authority (rule) Wardell Washington v. Nancy Hollis
8th Cir. · 1999 · confidence medium
After reviewing the District Court’s grant of summary judgment de novo, see Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir. 1997), we conclude that Washington’s 1 The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas. -2- claims are unsupported, and that defendants were entitled to judgment as a matter of law.
cited Cited as authority (rule) Anthony M. Giaimo, Laura Giaimo v. United States Government Stanley Matulewic
8th Cir. · 1998 · confidence medium
This court reviews the District Court's grant of summary judgment de novo, see Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir.1997) (standard of review).
discussed Cited as authority (rule) Anthony Giaimo v. United States Govt.
8th Cir. · 1998 · confidence medium
Jackson, United States District Judge for the Eastern District of Missouri. court reviews the District Court&s grant of summary judgment de novo, see Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir. 1997) (standard of review).
cited Cited as authority (rule) United States v. Premises Known As 6040 Wentworth Avenue South, Minneapolis, Hennepin County, Minnesota
8th Cir. · 1997 · confidence medium
Fed.R.Civ.P. 56(c); see, e.g., Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265 (1986); Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir.1997).
cited Cited as authority (rule) United States v. 6040 Wentworth Avenue South
8th Cir. · 1997 · confidence medium
Fed.R.Civ.P. 56(c); see, e.g., Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265 (1986); Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir.1997).
discussed Cited "see" Sisney v. Reisch
8th Cir. · 2012 · signal: see · confidence high
See Thomas v. Gunter (Thomas II), 103 F.3d 700, 703 (8th Cir.1997) (holding “defendants’ denial of plaintiffs initial request for daily and extended access on weekday afternoons to the sweat lodge was rationally related to legitimate penological interests.”).
cited Cited "see" Sandra Compton v. City of Cedar Rapids
8th Cir. · 1997 · signal: see · confidence high
See Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir. 1997).
discussed Cited "see" Sandra Compton v. City of Cedar Rapids, Iowa Steven J. Feldmann
8th Cir. · 1997 · signal: see · confidence high
See Thomas v. Gunter, 103 F.3d 700, 702 (8th Cir.1997). 3 Based on the facts known to Feldmann, we conclude a reasonable officer in his position would not have known he was violating Compton's rights.
discussed Cited "see, e.g." Kamal Patel v. Bureau of Prisons
8th Cir. · 2008 · signal: see also · confidence medium
“Nevertheless, prison officials may restrict the religious practices of inmates only if such deprivation is necessary to further legitimate penological interests.” Rouse v. Benson, 193 F.3d 936, 942 (8th Cir. 1999); see also Thomas v. Gunter, 103 F.3d 700, 703 (8th Cir. 1997). 10 Of course, even if we were to conclude that the appellees substantially burdened Patel’s right to exercise his religion, they could show that they had a compelling interest achieved by the least restrictive means under RFRA and RLUIPA, or that the burden was reasonably related to legitimate penological objective…
discussed Cited "see, e.g." Patel v. United States Bureau of Prisons
8th Cir. · 2008 · signal: see also · confidence medium
“Nevertheless, prison officials may restrict the religious practices of inmates only if such deprivation is necessary to further legitimate penological interests.” Rouse v. Benson, 193 F.3d 936, 942 (8th Cir.1999); see also Thomas v. Gunter, 103 F.3d 700, 703 (8th Cir.1997).
Retrieving the full opinion text from the archive…
Ralph THOMAS, Appellant,
v.
Frank O. GUNTER; Karen Shortridge, Superintendent; Robert Houston, Associate Superintendent, Appellees
95-4197.
Court of Appeals for the Eighth Circuit.
Jan 8, 1997.
103 F.3d 700
Robert Vail Broom, Omaha, NE, argued, for Appellant., Terri M. Weeks, Asst. Atty. Gen., Lincoln, NE, argued, for Appellees.
McMillian, Magill, Arnold.
Cited by 19 opinions  |  Published
McMILLIAN, Circuit Judge.

Plaintiff Ralph Thomas appeals from a final order entered in the United States District Court [1] for the District of Nebraska granting summary judgment in favor of defendant prison officials, Thomas v. Gunter, No. 8:CV89-00728 (D.Neb. Nov. 9, 1995) (Memorandum Opinion), following our remand with directions in an earlier appeal. Id., 32 F.3d 1258, 1262 (8th Cir.1994) (Thomas). For reversal, plaintiff argues that (1) defendants violated his First Amendment rights by denying him daily access to a sweat lodge for prayer and (2) the denial- of access also violated his Fourteenth Amendment right to equal protection because inmates of other religions had daily access to prison facilities for prayer. For the reasons discussed below, we affirm.

I. Background

Plaintiff, a Native American, was incarcerated at the Omaha Correctional Center (“OCC”) from January 1989 through February 1990. During this period, plaintiff requested defendants to provide daily and extended access on weekday afternoons to the prison sweat lodge for prayer. The sweat lodge is located in a restricted area of the prison and only approved inmates are allowed in the area. The sweat lodge is available to inmates for three hours on Saturday and three hours on Sunday mornings, and occasionally, if enough interest is shown, on weekend afternoons. The sweat lodge is also available for two and one-half hours on Wednesday evenings during daylight savings time and on all holidays.

When the prison chapel is not scheduled for use by a particular religious .group, it is open to all religions when the coordinator is available. The prison chapel is available to Christians from 9:00-10:00 a.m. on Sundays,[*702] and 12:30-1:00 p.m. on Monday through Thursdays, and to Muslims from 1:00-1:30 p.m. everyday and 1:30-3:00 p.m. on Fridays.

Plaintiff submitted a request for daily access to the sweat lodge from 12:30-4:30 p.m. Defendants denied plaintiffs request allegedly for security reasons. Plaintiff brought this 42 U.S.C. § 1983 action against defendants claiming denial of daily access to the prison sweat lodge violated his First and Fourteenth Amendment rights. Plaintiff later modified his request to brief daily access in his third amended complaint.

The district court, upon recommendation of the magistrate, initially granted defendants’ motion for summary judgment both on the merits (i.e., whether the limitation of access to the sweat lodge was constitutional) and on the issue of whether defendants were entitled to qualified immunity. Plaintiff appealed and this court reversed the district court’s order and remanded the case for further proceedings consistent with our opinion. Thomas, 32 F.3d at 1262. We held there was a genuine issue of material fact as to whether the refusal to allow brief daily access to the prison sweat lodge was rationally related to a legitimate penological interest. We further stated that prison officials would not be entitled to qualified immunity unless a rational relationship could be drawn between legitimate penological interests and the denial of even brief access to the prison sweat lodge. On remand, the district court granted defendants’ motion for summary judgment on the qualified immunity issue. Slip op. at 1264. Plaintiff appeals.

II. Discussion

We review a grant of summary judgment de novo. The question before the district court, and this court on appeal, is whether the record, when viewed in the light most favorable to the non-moving party, shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); see, e.g., Celotex Corp. v. Gatrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc.. 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510-11, 91 L.Ed.2d 202 (1986); Get Away Club, Inc. v. Coleman, 969 F.2d 664, 666 (8th Cir.1992); St. Paul Fire & Marine Ins. Co. v. FDIC, 968 F.2d 695, 699 (8th Cir.1992).

In the first appeal, this court applied the doctrine of qualified immunity to the facts of the present case, as they had been developed at that point:

It is true that officials engaged in executive functions, such as the operation of penal institutions, enjoy qualified immunity. This immunity, however, is available only if their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982); accord Smith v. Marcantonio, 910 F.2d 500, 501 (8th Cir.1990). The proper inquiry in the present case, therefore, is whether the free exercise of religion within a penal setting is a clearly established right.
It has been “clearly established” since Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972) (per curiam), that prison officials may not deny an inmate “a reasonable opportunity of pursuing his faith comparable to the opportunity afforded fellow prisoners who adhere to conventional religious precepts.” Id. at 322, 92 S.Ct. at 1081---- [WJhile a special chapel or place of worship need not be provided for every faith, reasonable opportunities must be afforded to all prisoners____
We cannot say, without reasons advanced by [defendants], that they acted reasonably in denying [plaintiff] daily access to the sweat lodge for prayer. If a rational relationship can be shown between legitimate penological interests and the denial of even brief access to the sweat lodge, such a denial may not have been unreasonable. In the absence of such a justification, [defendants] would not be entitled to qualified immunity from § 1983 liability.

Thomas, 32 F.3d at 1261.

On remand, the district court reviewed defendants’ conduct, concentrating its analysis on the objective reasonableness of the[*703] conduct in relation to the clearly established law in force at the time of the alleged violation. The district court concluded that defendants had provided the Native American inmates with a reasonable opportunity to pursue their faith. Thus, the district court held defendants were entitled to qualified immunity.

For reversal, plaintiff argues that defendants failed to establish the required rational relationship between the denial of daily access to the sweat lodge and legitimaté penological interests. Defendants argue that they demonstrated beyond genuine dispute that a rational relationship exists.

It has been “clearly established law” since 1972 that prison officials must afford inmates a reasonable opportunity to practice their religion. See Cruz v. Beto, 405 U.S. 319, 322, 92 S.Ct. 1079, 1081-82, 31 L.Ed.2d 263 (1972)(per curiam)(Craz). In Cruz, the Supreme Court held that it was unconstitutional to deny a Buddhist prisoner equal access to the prison chapel and equal opportunity to earn points of good merit for religious conviction. Id. at 322, 92 S.Ct. at 1081-82. In dicta, however, the Court explained that its holding was not to be construed as mandating that all religious groups, however few, must have identical facilities or access, and special accommodations need not be given to all faiths. Id. at n. 2.

Upon de novo review, we hold that defendants’ denial of plaintiff’s initial request for daily and extended access on weekday afternoons to the sweat lodge was rationally related to legitimate penological interests. [2] First, Native Americans, with six scheduled hours per week at the sweat lodge, had more scheduled worship time per week than any other religious group, including Christians, who had three hours per week, and Muslims, who had five hours per week. Second, Native Americans also had access to the nondenominational chapel whenever it was available. Finally, plaintiff specifically requested four hours of daily access to the sweat lodge where inmates of other religions were allowed only a half hour of daily access for prayer. [3]

Defendants acted reasonably in denying daily and extended access on weekday afternoons to the sweat lodge. First, the sweat lodge was located near a truck delivery entrance where deliveries were made during business hours Monday through Friday", the precise hours plaintiff "requested access to the sweat lodge. The open entrance would have posed a security risk and required defendants to station more guards at the entrance. This would have required defendants to reallocate resources to accommodate the Native Americans. Finally, the inmates were scheduled to work in educational and vocational activities during the requested hours. Daily access to the sweat lodge at the requested time would have been in direct conflict with these scheduled activities. Thus, there was a rational relationship between legitimate penological interests and the denial of -plaintiffs request for daily and extended access on weekday afternoons to the sweat lodge.

III. Conclusion

We hold the district court did not err in granting summary judgment in favor of defendants on qualified immunity grounds. Defendants’ denial of plaintiff’s request for daily and extended access on weekday afternoons to the prison sweat lodge was rationally related to legitimate penological interests.

Accordingly, we affirm the judgment of the district court.

1

. The Honorable Lyle E. Strom, United States District Judge for the District of Nebraska.

2

. Our holding does not address the merits of defendants' conduct; rather, it addresses whether it was objectively reasonable.

3

. At oral argument, counsel for plaintiff argued that defendants were unreasonable in failing to offer daily access for less than the requested four hours per day. Thus, plaintiff would have this court place on defendants the burden of not only evaluating the reasonableness of an inmate's request but also considering all possible alternatives which the inmate did not request or propose. We disagree with this position. If a request is made by an inmate, prison officials are obligated to investigate the reasonableness of that request but are not required to investigate lesser requests which could have been made.