Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Whitehead v. Honeycutt

United States District Court, W.D. North Carolina, Asheville Division

November 14, 2019

KENNETH DYLAN WHITEHEAD, Plaintiff,
v.
KEITH HONEYCUTT, Defendant.

          ORDER

          FRANK D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.

         THIS MATTER is before the Court on Defendant Keith Honeycutt's Motion for Summary Judgment. [Doc. 19].

         I. BACKGROUND

         A. Procedural Background

         Pro se 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.[1] [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].

         On 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 that:

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.

         B. Factual Background

         1. Plaintiff's Allegations

         Because 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.