United States District Court, D. Hawaii
ORDER DISMISSING COMPLAINT IN PART AND DIRECTING
Michael Seabright Chief United States District Judge.
the court is pro se Plaintiff De Witt Lamar Long's
prisoner civil rights Complaint. ECF No. 1. Long challenges
events that allegedly occurred at the Halawa Correctional
Facility (“HCF”) between February 4, 2016 and
June 27, 2017. Long alleges Defendants HCF staff Sgt.
Sugai, Chief of Security (“COS”) Lyle Antonio,
Sgt. Wyatt, Case Manager Ms. Torres, and Inmate Grievance
Officer (“IGO”) John or Jane Doe 1-50 violated
his rights under the First and Fourteenth Amendments. Long
names Defendants in their official and individual capacities.
following reasons, Counts IV and V, as alleged against
Defendants Ms. Torres and IGO John or Jane Doe 1-50 are
DISMISSED without prejudice. Long's claims in Counts I to
III state a colorable claim for relief and shall be served on
Defendants Sgt. Sugai, COS Antonio, and Sgt. Wyatt, who are
required to file a response. See 42 U.S.C. §
a practicing, recognized Muslim at HCF. He alleges that Sgt.
Sugai often failed to provide him halal meals starting in
February 2016, although Long was on the halal meal
list. ECF No. 1, PageID #8 (Count I). Long
alleges Sugai would substitute kosher or vegetarian meals for
his halal meal, although vegetarian meals are allegedly
prepared with utensils that are used to prepare regular meals
and may come into contact with pork, which is forbidden under
Islamic dietary rules. When Long protested, Sugai allegedly
retaliated by making him collect his meals from the cafeteria
but eat in the module. Long also alleges Sugai ordered the
cafeteria to provide Long smaller portions, and pork on
about May 8, 2017, Long was moved from general population
housing to the High Security Unit (“SHU”). Long
alleges that COS Antonio refused to allow him to attend
Friday afternoon Muslim services, which are held in the
general population module, in retaliation for filing
grievances. Id., PageID #9 (Count II). This
continued throughout Ramadan, which was observed between May
26 and June 27, 2017.
further alleges that, during the month of Ramadan, when
practicing Muslims fast between sunrise and sunset, his meals
were brought to the SHU four hours before sunset, and became
cold and inedible before he could eat. Id., PageID
#10 (Count III). When Long asked Sgt. Wyatt to heat his meals
in a microwave or provide hot meals, Wyatt refused.
alleges that he spoke with and wrote to case manager Ms.
Torres between May 10 and June 28, 2017, and filed grievances
concerning his request to attend Muslim services.
Id., PageID #12 (Count IV). On one occasion, Ms.
Torres returned a grievance, stating it was duplicative of a
pending grievance. Long complains that Ms. Torres failed to
intervene and assist him.
Long complains that an unknown IGO denied him due process
when he or she failed to respond to a step one grievance, and
then denied his step two grievance as mooted by his transfer
to Arizona on June 28, 2017.
seeks $77, 000 in compensatory damages and injunctive relief
allowing SHU inmates to attend Friday services and requiring
halal meals to be served hot during Ramadan.
court must screen all civil actions brought by prisoners
proceeding in forma pauperis or seeking redress from a
government entity, officer, or employee. 28 U.S.C.
§§ 1915(e)(2) & 1915A(a). Complaints or claims
that are frivolous, malicious, fail to state a claim, or seek
relief from a defendant who is immune from such relief must
be dismissed. 28 U.S.C. §§ 1915(e)(2) &
1915A(b); 42 U.S.C. § 1997e(c)(1).
state a claim, a pleading must contain a “short and
plain statement of the claim showing that the pleader is
entitled to relief.” Fed.R.Civ.P. 8(a)(2). This does
not require detailed factual allegations, but “it
demands more than an unadorned,
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
“[A] complaint must contain sufficient factual matter,
accepted as true, to ‘state a claim to relief that is
plausible on its face.'” Id. (quoting
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007)). To state a plausible claim, a plaintiff must plead
facts that allow “the court to draw the reasonable
inference that the defendant is liable for the misconduct
must “accept factual allegations in the complaint as
true and construe the pleadings in the light most favorable
to the nonmoving party.” Manzarek v. St. Paul Fire
& Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir.
2008). Leave to amend should be granted if it appears the
plaintiff can correct the defects in the complaint. Lopez
v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (en banc).