United States District Court, W.D. North Carolina, Asheville Division
D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.
MATTER is before the Court on Defendant Keith
Honeycutt's Motion for Summary Judgment. [Doc. 19].
Plaintiff Kenneth Dylan Whitehead (“Plaintiff”)
filed this action on July 12, 2018, pursuant to 42 U.S.C.
§ 1983, naming as the sole Defendant Keith Honeycutt,
identified as a chaplain employed by the Henderson County
Detention Center (“Detention Center”). [Doc. 1].
At the time he filed the Complaint, Plaintiff was a pre-trial
detainee incarcerated at the Detention Center. Plaintiff
alleges that Defendant violated his First Amendment right to
the free exercise of his religion by confiscating
Plaintiff's Bible and other religious books relating to
Plaintiff's religion as a Seventh Day Adventist while
Plaintiff was detained at the Detention Center. [Id. at
3-4]. Plaintiff alleges that the jail has never returned his
books to him. For relief, Plaintiff asks the Court “to
make [Defendant] pay for the books [he] took from
[Plaintiff].” [Id. at 4]. The Court ordered
the action survived initial review under 28 U.S.C. §
1915(e). [Doc. 10].
April 5, 2019, Defendant filed the pending summary judgment
motion. [Doc. 19]. On May 3, 2019, this Court entered an
order in accordance with Roseboro v. Garrison, 528
F.2d 309 (4th Cir. 1975), advising Plaintiff of the
requirements for filing a response to the summary judgment
motions and of the manner in which evidence could be
submitted to the Court. [Doc. 21]. The Plaintiff was
specifically advised that if he had any evidence to offer to
show that there is a genuine issue for trial, he must present
it to the Court “in a form which would otherwise be
admissible at trial, i.e., in the form of affidavits
or unsworn declarations.” The Court further advised
An affidavit is a written statement under oath; that is, a
statement prepared in writing and sworn before a notary
public. An unsworn statement, made and signed under the
penalty of perjury, may also be submitted. Affidavits or
statements must be presented by Plaintiff to this Court no
later than fourteen (14) days from the date of this Order and
must be filed in duplicate.
[Doc. 21]. The Plaintiff did not respond to Defendant's
summary judgment motion.
Plaintiff did not respond Defendant's motion for summary
judgment, the Court has before it only the allegations from
Plaintiff's Complaint, which are as follows:
Over a period of 6 months I had received 8 books and a bible
from my 7th Day Adventist church. The chaplin [sic]
of the Henderson County Detention Center has taken ALL of
them stating that they are not approved books. The inmate
handbook for the Detention Center says clearly that I will
not be deprived of my religious books or materials.
… There are people in this jail who have Wican
[sic] and Satantist [sic] materials. My
books were all approved by officers of the jail and then
taken from me.
My bible falls into the category of books that the Chaplin
[sic] has tried to take from me. None of my books
have ever been returned to me nor have they been ...