RIPPLE, Circuit Judge.
While working as an employee of a contractor at the Wabash Valley Correctional Facility, Rebecca Riker engaged in a romantic relationship with inmate Paul Vest. When the relationship became known, her employment ended. She later requested that she be allowed to visit Vest, but prison officials denied those requests as forbidden by the institution's inmate visitation policy. Ms. Riker and Vest later submitted an application to marry, which prison officials also denied.
Ms. Riker then brought this action against several individual officials of the Indiana Department of Corrections ("the Department" or "IDOC"), in their official and individual capacities, challenging the denials of her requests to visit and to marry Vest. She sought damages against the individual defendants as well as declarative and injunctive relief. The district court granted the defendants' motion for summary judgment. It concluded that prohibiting Ms. Riker from visiting Vest was reasonable and that this restriction did not unconstitutionally burden her right to marry. The court also granted the individual defendants' motion for summary judgment based on qualified immunity.
In this appeal, Ms. Riker limits her challenge to the district court's determination that, based on the summary judgment record, the defendants' refusal to permit the marriage does not violate Ms. Riker's rights guaranteed by the Constitution. We respectfully disagree with the district court and conclude that, on this record, the defendants have failed to justify adequately the denial of Ms. Riker's marriage request. We accordingly reverse the judgment of the district court and remand the case for further proceedings.
From December 2007 through April 2008, Ms. Riker was employed by Aramark Correctional Services, Inc. ("Aramark"). Aramark contracted with the Department to operate and manage food services in the Department's correctional facilities. Ms. Riker worked at the Wabash Valley Correctional Facility ("WVCF"), a level-four maximum security correctional facility in Carlisle, Indiana. She supervised approximately twenty inmates in preparing and serving meals. As part of her job training, the Department gave her instruction in security, first aid, and personal protection skills. She also received training on WVCF emergency security procedures, including procedures for evacuation, riots, bomb threats, escape prevention, security sweeps, hostage scenarios, and emergency transport.
Ms. Riker met Vest, an IDOC inmate serving a fifty-year sentence for robbery, while working as his supervisor in the kitchen at the WVCF. After a couple of months, they began a romantic relationship, which included sexual intercourse in a walk-in cooler at the facility. In April 2008, another Aramark employee witnessed Ms. Riker and Vest kissing in the walk-in cooler and reported the incident to Ms. Riker's supervisor. Ms. Riker quit her job later that day; Vest later was disciplined by the Department.
After Ms. Riker left her job with Aramark, she maintained contact with Vest through letters and phone calls. In May
In 2010, Ms. Riker accepted a proposal of marriage from Vest. They completed an application to marry, and Vest submitted that application to the chaplain at the WVCF. The application was denied because Ms. Riker was not on Vest's list of approved visitors.
Formal IDOC and WVCF policies specifically addressed staff/inmate relationships. Ms. Riker's relationship with Vest during her employment at WVCF violated IDOC policy 0403-103, which prohibits staff-persons from having "any personal contact with an offender ... beyond that necessary for the proper supervision and treatment of the offender."
Under the IDOC and WVCF offender visitation policies, former employees must make a written request to visit an offender.
In April 2013, Ms. Riker filed this action against several IDOC officials, including Bruce Lemmon in his official capacity as commissioner of the Department, challenging the denials of her requests to visit and to marry Vest. In due course, the defendants filed a motion for summary judgment. The officials submitted that the Department's refusal to permit Ms. Riker to marry Vest "did not violate [Ms.] Riker's qualified constitutional right to marry."
The district court granted the defendants' motion. With respect to Ms. Riker's right-to-marry claim, the court concluded "that the burden on Ms. Riker's right to marry was not substantial or direct, but was light or at most moderate."
Ms. Riker appeals only the district court's decision that the defendants did not unreasonably burden her constitutional right to marry.
Ms. Riker contends that the Department's decision preventing her from marrying Vest is unconstitutional. She submits that prohibiting her marriage to Vest is an exaggerated response to the prison's security objectives and that the prohibition is unnecessary for the maintenance of a safe and orderly institution. She emphasizes that she seeks only "a single visit to the institution, of a short duration, for the limited purpose of marrying her fiancé."
We review a district court's decision granting summary judgment de novo, construing the evidence in the light most favorable to the nonmoving party. Carman v. Tinkes, 762 F.3d 565, 566 (7th Cir.2014). "Summary judgment is appropriate when no material fact is disputed and the moving parties are entitled to judgment as a matter of law." Id.
We begin by setting forth the overarching substantive principles that must guide our analysis. The Supreme Court has held "that federal courts must take cognizance of the valid constitutional claims of prison inmates. Prison walls do not form a barrier separating prison inmates from the protections of the Constitution." Turner v. Safley, 482 U.S. 78, 84, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (citation omitted). The Constitution protects a prisoner's fundamental right to marry; individuals do not lose this constitutional protection simply because they are imprisoned. See id. at 94-96, 107 S.Ct. 2254; see also Obergefell v. Hodges, ___ U.S. ___, 135 S.Ct. 2584, 2598, 192 L.Ed.2d 609 (2015) (recognizing that "[o]ver time and in other contexts, the Court has reiterated that the right to marry is fundamental under the Due Process Clause"). That protection, however, "is subject to substantial restrictions as a result of incarceration." Turner, 482 U.S. at 95, 107 S.Ct. 2254.
Under the principles articulated by the Supreme Court, "a prison regulation [that] impinges on inmates' constitutional rights ... is valid if it is reasonably related to legitimate penological interests." Id. at 89, 107 S.Ct. 2254. The Supreme Court repeatedly has reaffirmed this standard.
The Supreme Court also has given us explicit guidance on the implementation of the substantive principles articulated in the cases that we have just discussed. It has identified four factors that we must consider in determining the reasonableness of a prison regulation that restricts the right to marry:
Shimer v. Washington, 100 F.3d 506, 509 (7th Cir.1996) (citing Turner, 482 U.S. at
Nor are we without precedent on the application of this methodology. In Turner, the Supreme Court applied the factors that it had articulated to hold that the challenged prison regulation, which permitted an inmate to marry only after the superintendent found a compelling reason to grant the prisoner permission, placed an unconstitutional burden on the prisoner's right to marry. See 482 U.S. at 96-99, 107 S.Ct. 2254. There, the prison officials had provided two justifications for the regulation: "[t]he security concern ... that `love triangles' might lead to violent confrontations between inmates," and the rehabilitative goal of allowing women prisoners, who "often were subject to abuse at home or were overly dependent on male figures," to "develop[] skills of self-reliance." Id. at 97, 107 S.Ct. 2254. The Court determined that the regulation was "not reasonably related to these penological interests." Id.
The Court explained that the regulation "represent[ed] an exaggerated response to [the state's] security objectives" and that there were "obvious, easy alternatives to the [challenged] regulation that accommodate[d] the right to marry while imposing a de minimis burden on the pursuit of security objectives." Id. at 97-98, 107 S.Ct. 2254. The Court remarked that it was "aware of no place in the record where prison officials testified that such ready alternatives would not fully satisfy their security concerns." Id. at 98, 107 S.Ct. 2254.
The Court then decided that the "marriage restriction [was not] reasonably related
We also have had occasion to address the contours of an inmate's right to marry. In Keeney, a prison regulation prohibited current employees from "becom[ing] involved socially with inmates in or out of the [jail]." Keeney, 57 F.3d at 580 (second alteration in original). The plaintiff, an employee at the correctional facility, claimed that by "forcing her to choose between her job and marriage to the man of her choice, the defendants infringed her constitutional right to marry." Id. We first noted that, "[a]s long as the concerns expressed by correctional authorities are plausible, and the burden that a challenged regulation of jail or prison security places on protected rights a light or moderate one, the courts should not interfere." Id. at 581. We then decided that the anti-fraternization rule at issue did not violate an individual's right to marry under the Fourteenth Amendment. See id. at 581-82. Our decision largely rested on the relatively minimal burden placed on the plaintiff's right to marry. The defendants had not forbidden the employee from marrying her fiancé instead, they simply forbade her from continuing to work in the prison system in which her spouse was incarcerated. See id. at 580-81. Preventing the transfer of unlawful communication between the inmate and others as well as preventing favored treatment, we explained, justified the minimal burden on the plaintiff's rights.
We also addressed a prisoner's right to marry in Martin v. Snyder, 329 F.3d 919 (7th Cir.2003). There, we recognized that qualified immunity was appropriate when a prison official relied on the institution's visitation policy to postpone an inmate's marriage. In that case, an inmate was prohibited from marrying because his fiancée had been placed on a restricted list, which prevented her from visiting the prison. See id. at 920. The district court dismissed the inmate's complaint after concluding that there was no independent right to visitation. On appeal, we acknowledged that, after the district court had issued its decision, the inmate had been allowed to marry after a twelve-month deferral. See id. In explaining our conclusion that the deferment was not clearly unconstitutional, we noted that "[r]estrictions on visitation, though not enough to justify prohibiting marriage, may well justify deferment, so that the sanction for misconduct will have some sting." Id. at 922 (emphasis added). Because it was not clearly established "that a year's delay is unconstitutional when the prisoner's misbehavior has led to curtailment of visiting rights," we held that qualified immunity was appropriate. Id.
Now that we have set forth the substantive principles that must control our decision
The defendants submit that the decision to deny Ms. Riker's request to marry Vest furthers the Department's "legitimate interest in maintaining security and institutional order."
The latter argument can be dismissed quickly. The right to marry includes the right to select one's spouse. See Obergefell, 135 S.Ct. at 2599 (noting "that the right to personal choice regarding
We next must decide whether the Department has established that its decision barring Ms. Riker from marrying Vest was reasonably related to its legitimate penological interests. The fundamental infirmity with the Department's position is that it equates Ms. Riker's one-time request to enter the prison to participate in a marriage ceremony with a request for general visitation rights. The Department's decision to forbid Ms. Riker's marriage is premised entirely on its ex-employee visitation policy and the security justifications that support that policy. At bottom, it maintains that any effect on Ms. Riker's right to marry simply is incidental to the application of its visitation policy.
The Department also submits that the prohibition of Ms. Riker's marriage is necessary to serve as a deterrent to current employees. It submits that "[t]he policy communicates to IDOC employees that if they begin an inappropriate relationship with an offender while working at an IDOC facility, they will not only be held accountable but also will be prevented from seeing the inmate for as long as he or she is incarcerated."
The Department does not otherwise contend that prohibiting Ms. Riker's marriage satisfies the test set forth in Turner. It fails to explain why allowing Ms. Riker to marry Vest would pose a security risk or how preventing her marriage furthers its security interests.
Notably, the record does not reveal why prison officials would have difficulty monitoring the marriage ceremony to ensure that Ms. Riker does not violate prison regulations or relay sensitive information to Vest. See Turner, 482 U.S. at 90, 107 S.Ct. 2254 (noting that "the existence of obvious, easy alternatives may be evidence that the regulation is not reasonable"). The Department offers no explanation for why it could not permit Ms. Riker's marriage request while simultaneously maintaining a secure facility. It is implausible to suggest, without some supporting evidence, that a brief marriage ceremony cannot be accommodated without threatening institutional security and without imposing more than a de minimis impact on prison resources. Indeed, Ms. Riker submits that the ceremony would "last but a brief few minutes in a highly regulated setting."
Absent significantly more evidence explaining the importance of banning Ms. Riker's marriage, Turner does not allow us to accept at face value the Department's unsubstantiated contentions. The Department therefore has not established that it is entitled to summary judgment.
The district court erred in granting the Department's motion for summary judgment and concluding that the Department's denial of Ms. Riker's request for a brief, one-time visit in order to participate in a marriage ceremony did not violate her constitutional right to marry. The judgment of the district court is reversed, and the case is remanded for further proceedings consistent with this opinion. Ms. Riker may recover the costs of this appeal.
REVERSED AND REMANDED.
Id. at 4.
R.44-2 at 2-3; accord Appellees' Br. 9-11 (citing R.44-2 at 2-3).
In accordance with its position, the Department relies entirely on the deposition testimony of the WVCF superintendent, which focused on the WVCF's visitation policy. See supra note 25. It also relies on cases such as Kentucky Department of Corrections v. Thompson, 490 U.S. 454, 460, 109 S.Ct. 1904, 104 L.Ed.2d 506 (1989), and Bilka v. Farrey, 447 Fed.Appx. 742, 744 (7th Cir.2011), which addressed the denial of visitation rights. Because we must focus on the Department's decision to prevent Ms. Riker from marrying, the Department's reliance on those cases is misplaced.