United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
L. WHITE UNITED STATES DISTRICT JUDGE
matter is before the court on Defendants' Renewed Motion
for Summary Judgment (ECF No. 47). This matter is fully
briefed and ready for disposition.
Wesley Moon is a Sunni Muslim, who was previously confined at
the Cape Girardeau County Jail ("the Jail") from
May 21, 2015 through June 18, 2015. Moon was brought to the
Jail by the United States Marshals.
Jordan is the Sheriff of Cape Girardeau County, Missouri.
Tina Henderson is a Lieutenant at the Cape Girardeau County
Sheriffs Department. Todd Stevens is a Lieutenant with the
Cape Girardeau County Sheriffs Department. James Mulcahy is a
Captain with the Cape Girardeau County Sheriffs Department.
Ruth Ann Dickerson is a Captain with the Cape Girardeau
County Sheriffs Department. Moon is suing each Defendant in
his or her individual capacity for monetary damages and in
his or her official capacity for injunctive relief. Moon
brings claims under 42 U.S.C. §1983 and 28 U.S.C.
§§2000cc, et. seq. Defendants Kristopher
Seib and Aaron Cheney have never been served by Moon.
Defendants John Jordan, James Mulcahy, T.C. Stevens, Ruth Ann
Dickerson and Tina Henderson are the only Defendants that
have answered Moon's Amended Complaint.
detainee is brought to the Jail and is going to be placed in
the general population, the individual is required to be
booked into the Jail and to provide certain information about
medical history and personal history. The detainee receives
various written instructions and policies from the jail. Once
a detainee is booked into the Jail, the detainee is required
to remove his clothes in a shower or changing room. The
detainee then places his clothes in a container that will be
washed and then put in an inmate property locker. Each
detainee that is brought into the Jail is required to take a
shower that contains a disinfectant to kill any lice or
bedbugs or other type of conditions that a detainee might
bring into the jail. After the detainee has showered, he is
provided an orange jail shirt, orange pants, two towels, a
laundry bag, blanket, two sheets, a roll of toilet paper, a
cup, spork, and one hygiene care package. The hygiene care
package includes toothpaste, toothbrush, soap, comb, and
deodorant. Dental floss is not provided. The inmate is also
provided with white brief underwear and a pair of shoes and
socks. When Moon was booked into the Jail on May 21, 2015, he
received the items set forth above.
mattresses are flat as a result of damage, then they are
replaced. Likewise, torn or damaged blankets are replaced.
Lt. Stevens is unaware of any flat mattresses during the
period of time that Moon was incarcerated in the Jail.
the pods at the Jail are provided with cleaning supplies only
a daily basis. It is the responsibility of the detainees to
clean the pod and their separate jail cells. Defendants
assert there is no black mold in the Jail. The showers in the
Jail are sprayed with disinfectant and scrubbed down at least
weekly by jail personnel. Dirt may accumulate on the shower
walls when many detainees are taking showers, but the showers
are washed off on a regular basis. There is a communal toilet
in each pod and it is the responsibility of the pod to clean
the communal toilet, although it is rarely used. Lt. Stevens
is unaware of any issue with brown water in Moon's cell.
There are separate water lines to the toilet and the sink,
although the sink and the toilet are one unit.
desired a copy of the Holy Qur'an, he could have had it
brought into the Jail by someone from outside the Jail. The
Jail does not keep copies of the Holy Qur'an in the jail
nor does it have an Arabic language Qur'an in the Jail.
The Jail does not provide Islamic prayer rugs to its Muslim
detainees. Muslim detainees, however, are allowed to use
their blankets during prayer periods.
Jail does not allow any clocks in the pods or jail cells for
safety and security.
Muslim detainee wants to clean himself after using the
restroom he has containers and a cup in his jail cell that he
food service at the Jail is contracted through a third party
vendor. Any meat products that are served to detainees in the
Jail are turkey based, and no pork or beef are contained in
any of the food products served to detainees. The food
service with the Jail provides nutritious and balanced meals
for the detainees. The food service prepares the menus and
presents them to the Jail and the Jail then reviews the menu
to make sure the type of food being prepared is acceptable
for the various detainees.
Jail has a television in each pod connected to limited cable
service. The cable service does not provide Jumu'ah
service and there are no televised Jumu'ah services
available at the Jail.
Jail does not regularly provide an Imam for Muslim detainees.
However, if a Muslim detainees desire to have an Imam present
for services, the detainee may contact the Imam at the local
mosque and see if an Imam will provide services to the Muslim
detainee. The Jail allows ministers and other persons to meet
with inmates and detainees on a scheduled visitation.
Jail does not allow kufi or Islamic headgear in or outside
the jail. If covering up ones' head is a requirement to
be outside, a cap will be provided.
in the G-Pod, other inmates complained about Moon's
actions, including spitting in a water jug, breaking chemical
bottles, urinating on the floor, dumping Kool-Aid, writing on
the walls, throwing trays on the floor, and creating a
disturbance in the pod. As a result of Moon's actions, he
was removed from G-Pod for his own safety due to the other
average, the Jail houses 207 inmates per day. The Jail is a
transitional or temporary facility where the average length
of stay is less than six months. The Jail houses males,
females and U.S. Marshals hold detainees. The Jail has two
shifts per day and the number of jailers and has four (4)
corrections officers on duty per shift. The duties of jailers
includes walking through the jail, handling disturbances,
processing grievances, handling medical requests,
transporting detainees to medical professionals, providing
court supervision, transporting inmates to court, handling
commissary requests, taking bonds for people being released,
addressing the public, passing out meals, and handling mail
for the inmates.
January 1, 2014, the Jail instituted a "postcard
only" policy for all non-privileged correspondence
entering the jail facility. Prior to January 1, 2014, the
Jail received 50-150 pieces of non-legal or otherwise
non-privileged mail per day. After the Jail implemented the
postcard only policy, the Jail received approximately 50
postcards per day. The postcards had to be standard white
postcards, with no index cards or photographs, not larger
than 5" x 7", containing a legible return address.
The purpose of the postcard only policy was to create a
higher level of safety and security within the jail facility,
to make it more difficult for contraband to enter the
facility, and allow for less manpower for opening and
searching mail. Previously, it would take one to two
correctional officers to open and scan all non-privileged
mail for 30 minutes to two hours to go through the mail.
After implementing the postcard only policy, sorting the mail
required only 30 minutes. Prior to implementing the postcard
only policy, the mail contained lewd and inappropriate
photographs, information from the internet regarding other
inmates, information about escape plans or other illegal
activity, and contraband. The Jail affords multiple means of
communication for inmates, including telephone privileges,
video conferencing privileges, the postcard policy and the
email policy. The email policy allows incoming emails to
inmates and detainees. The emails are limited to 500 words or
less with a cost of .35 cents per email and .50 cents per
photograph. Video conferencing is also available for $5.00
for 15 minutes of time with the inmate.
Jail argues that time saved reviewing postcards, as opposed
to going through letters, allows the Jail to be more
efficient and secure. Since it implemented the postcard only
policy, the Jail has experienced no instances of ...