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    PUBLISHED
    

    UNITED STATES COURT OF APPEALS
    

    FOR THE FOURTH CIRCUIT
    

    ------------------------------------------------*

    DANIEL L. VENEY,

    Plaintiff-Appellant,

              v.No. 01-6603
    

    T. V. WYCHE; DARNLEY R. HODGE,

    Superintendent,

    Defendants-Appellees.

    ------------------------------------------------*

    Appeal from the United States District Court
    for the Eastern District of Virginia, at Norfolk.
    Jerome B. Friedman, District Judge.
    (CA-01-163)
    

    Argued: April 5, 2002
    

    Decided: June 18, 2002
    

    Before WIDENER and WILLIAMS, Circuit Judges, and
    Walter K. STAPLETON, Senior Circuit Judge of the
    United States Court of Appeals for the Third Circuit,
    sitting by designation.
    

    ____________________________________________________________

    Affirmed by published opinion. Judge Williams wrote the opinion, in

    which Judge Widener and Senior Judge Stapleton joined.

    ____________________________________________________________

    COUNSEL
    

    ARGUED: John M. Wright, Student Counsel, UNIVERSITY OF

    VIRGINIA SCHOOL OF LAW APPELLATE LITIGATION

    CLINIC, Charlottesville, Virginia, for Appellant. William Fisher

    Etherington, BEALE, BALFOUR, DAVISON & ETHERINGTON,

    P.C., Richmond, Virginia, for Appellees. ON BRIEF: Neal L. Wal-

    ters, UNIVERSITY OF VIRGINIA SCHOOL OF LAW APPEL-

    LATE LITIGATION CLINIC, Charlottesville, Virginia, for

    Appellant. William K. Lewis, BEALE, BALFOUR, DAVISON &

    ETHERINGTON, P.C., Richmond, Virginia, for Appellees.

    ____________________________________________________________

    OPINION
    

    WILLIAMS, Circuit Judge:

    Daniel L. Veney, an inmate incarcerated at Riverside Regional Jail

    in Hopewell, Virginia, filed the present action under 42 U.S.C.A.

    § 1983 (West 1994), alleging that defendants Lieutenant T. V. Wyche

    and Superintendent Darnley R. Hodge violated his rights under the

    Equal Protection Clause of the United States Constitution by treating

    him differently from other inmates because of his gender and sexual

    preference. Specifically, Veney claims that defendants denied his

    requests to move from his single-occupancy cell into a double-

    occupancy cell because he is a homosexual male. The district court,

    after screening Veney's complaint pursuant to 28 U.S.C.A. § 1915A

    (West Supp. 2001), dismissed the complaint for failure to state a

    claim upon which relief may be granted. Because we agree with the

    district court that even if all of Veney's allegations were true, he

    would not be entitled to relief, we affirm.

    I.
    

    Veney has been incarcerated at Riverside since January 23, 2000.

    With the exception of two days, he has been held in a single-

    occupancy cell. On December 17, 2000, after several requests to

    switch into a double-occupancy cell were denied, Veney filed a griev-

    ance with Riverside alleging that prison officials, by not allowing him

    to switch cells with other inmates, were discriminating against him

    because he is a homosexual male. On December 22, 2000, Captain L.

    White ruled that Veney was not being discriminated against. Veney

    unsuccessfully appealed White's decision under the Riverside griev-

    ance procedure. On March 7, 2001, Veney filed a pro se complaint

    2
    

    in the United States District Court for the Eastern District of Virginia

    under 42 U.S.C.A. § 1983, alleging that prison officials had violated

    his constitutional right to equal protection of the law.

    In his complaint, Veney claims that he is being treated differently

    from similarly situated heterosexual males and homosexual females,

    both of whom, asserts Veney, are housed in double-occupancy cells

    at Riverside. The district court, as required under the Prison Litigation

    Reform Act of 1996 (PLRA), reviewed Veney's complaint to identify

    any cognizable claims. See 28 U.S.C.A. § 1915A (West Supp. 2001).

    After careful consideration of Veney's pleadings, the district court

    determined that his complaint failed to state a claim upon which relief

    may be granted and dismissed the action. On appeal, Veney chal-

    lenges the district court's dismissal of his equal protection claim,

    asserting that his complaint alleges specific facts showing that correc-

    tional officials treated him differently from similarly situated inmates

    without a legitimate penological reason for doing so.

    II.
    

    Under § 1915A, the provision at issue in this case, the district court

    is required to review any "complaint in a civil action in which a pris-

    oner seeks redress from a governmental entity or officer or employee

    of a governmental entity . . . [and] identify cognizable claims or dis-

    miss the complaint, or any portion of the complaint, if the complaint

    . . . fails to state a claim upon which relief may be granted . . . ." 28

    U.S.C.A. § 1915A(a), (b)(1). We review dismissals for failure to state

    a claim de novo. See Sanders v. Sheahan, 198 F.3d 626, 626 (7th Cir.

    1999) (concluding that dismissals under § 1951A for failure to state

    a claim require the same standard of review as dismissals under Rule

    12(b)(6)); Davis v. District of Columbia, 158 F.3d 1342, 1348 (D.C.

    Cir. 1998) (same).

    A complaint should not be dismissed for failure to state a claim

    upon which relief may be granted unless "after accepting all well-

    pleaded allegations in the plaintiff's complaint as true and drawing all

    reasonable factual inferences from those facts in the plaintiff's favor,

    it appears certain that the plaintiff cannot prove any set of facts in

    support of his claim entitling him to relief." Edwards v. City of Golds-

    boro, 178 F.3d 231, 244 (4th Cir. 1999). Moreover, when such a dis-

    3
    

    missal involves a civil rights complaint, "we must be especially

    solicitous of the wrongs alleged" and "must not dismiss the complaint

    unless it appears to a certainty that the plaintiff would not be entitled

    to relief under any legal theory which might plausibly be suggested

    by the facts alleged." Harrison v. United States Postal Serv., 840 F.2d

    1149, 1152 (4th Cir. 1988) (internal quotation marks omitted). We are

    not required, however, "to accept as true allegations that are merely

    conclusory, unwarranted deductions of fact, or unreasonable infer-

    ences." See Sprewell v. Golden State Warriors, 266 F.3d 979, 988

    (9th Cir. 2001). Nor must we "accept as true allegations that contra-

    dict matters properly subject to judicial notice or by exhibit." Id.

    These principles guide our de novo review of the district court's dis-

    missal of Veney's complaint.

    III.
    

    The Equal Protection Clause of the Fourteenth Amendment pro-

    vides that "[n]o State shall . . . deny to any person within its jurisdic-

    tion the equal protection of the laws." U.S. Const. amend. XIV, § 1.

    The equal protection requirement "does not take from the States all

    power of classification," Personnel Adm'r v. Feeney, 442 U.S. 256,

    271 (1979), but "keeps governmental decisionmakers from treating

    differently persons who are in all relevant respects alike." Nordlinger

    v. Hahn, 505 U.S. 1, 10 (1992). To succeed on an equal protection

    claim, Veney "must first demonstrate that he has been treated differ-

    ently from others with whom he is similarly situated and that the

    unequal treatment was the result of intentional or purposeful discrimi-

    nation." Morrison v. Garraghty, 239 F.3d 648, 654 (4th Cir. 2001).

    If he makes this showing, "the court proceeds to determine whether

    the disparity in treatment can be justified under the requisite level of

    scrutiny." Id. To state an equal protection claim, Veney must plead

    sufficient facts to satisfy each requirement, which we discuss in turn.

    A.
    

    Veney claims that he is not allowed to occupy a double-occupancy

    cell because he is a homosexual male. He asserts that both heterosex-

    ual males and homosexual females at Riverside are housed in double-

    occupancy cells, while his requests to move from his single-

    occupancy cell have been consistently denied. Veney further alleges

    4
    

    that requests to move into a double-occupancy cell made by "seem-

    ingly heterosexual" males were granted. (J.A. at 6.) For purposes of

    this appeal, we must accept Veney's allegations as true and draw all

    inferences in his favor. We therefore assume that Veney is not

    allowed to move into a double-occupancy cell because he is a homo-

    sexual male.1 We also assume, without deciding, that in all relevant

    respects, Veney is similarly situated to the other inmates at Riverside.2

    Veney's complaint therefore sufficiently alleges that Riverside is

    intentionally discriminating against him by treating him differently

    from similarly situated heterosexual males and homosexual females.3

    B.
    

    Having determined that Veney's complaint alleges disparate treat-

    ment based upon intentional discrimination, we turn to our second

    inquiry of whether Veney has alleged facts that, if found to be true,

    would demonstrate that the disparate treatment lacks justification

    under the requisite level of scrutiny. Ordinarily, when a state regula-

    tion or policy is challenged under the Equal Protection Clause, unless

    it involves a fundamental right or a suspect class, it is presumed to

    be valid and will be sustained "if there is a rational relationship

    between the disparity of treatment and some legitimate governmental

    purpose." Heller v. Doe, 509 U.S. 312, 319-320 (1993). Veney's case

    does not involve a fundamental right, and he does not allege that he

    ____________________________________________________________

    1 Although we must accept as true Veney's allegations regarding the

    existence of a policy that disallows homosexual males from moving into

    double-occupancy cells, we note that in response to these allegations, the

    defendants assert that no such policy exists and that they deny all pris-

    oner requests to switch cells unless a move is necessary for security or

    medical reasons.

    2 While similarity could be determined as a matter of law, the relevant

    information to make such a determination is absent from the record. For

    example, the similarity inquiry includes consideration of factors such as

    the prison population size, average length of sentence, security classifica-

    tion, and types of crimes. See Keevan v. Smith, 100 F.3d 644, 668 (8th

    Cir. 1996).

    3 We note that, according to Veney's allegations, the only difference

    between his cell and the cells of those who are similarly situated is that

    his is single-occupancy.

    5
    

    is a member of a suspect class.4 Rather, he claims that he has been

    discriminated against on the basis of sexual preference and gender.

    Outside the prison context, the former is subject to rational basis

    review, see Romer v. Evans, 517 U.S. 620, 631-32 (1996) (applying

    the rational relation test to an amendment to Colorado's constitution

    that prohibited any measures to protect homosexuals as a class),

    whereas the latter is subject to an intermediate level of scrutiny, see

    Craig v. Boren, 429 U.S. 190, 197 (1976) ("To withstand constitu-

    tional challenge, previous cases establish that classifications by gen-

    der must serve important governmental objectives and must be

    substantially related to achievement of those objectives."). When

    equal protection challenges arise in a prison context, however, courts

    must adjust the level of scrutiny to ensure that prison officials are

    afforded the necessary discretion to operate their facilities in a safe

    and secure manner. See Morrison, 239 F.3d at 654-55. In a prison

    context, therefore, we must determine whether the disparate treatment

    is "reasonably related to [any] legitimate penological interests." Shaw

    v. Murphy, 532 U.S. 223, 225 (2001). We apply this deferential stan-

    dard "even when the alleged infringed constitutional right would oth-

    erwise warrant higher scrutiny;" however, this more deferential

    review does not make us ignorant to the concerns that justify applica-

    tion of a heightened standard outside of the prison context. Morrison,

    239 F.3d at 655, 656. Accordingly, to state a claim upon which relief

    may be granted, Veney must allege facts sufficient to overcome the

    presumption of reasonableness applied to prison policies.

    As we noted in Morrison, to evaluate the reasonableness of River-

    ____________________________________________________________

    4 Veney concedes that there is no fundamental right to be held in a

    double-occupancy cell. There also is no fundamental right to engage in

    homosexual acts generally, see Thomasson v. Perry, 80 F.3d 915, 929

    (4th Cir. 1996) ("Given that it is legitimate for Congress to proscribe

    homosexual acts, it is also legitimate for the government to seek to fore-

    stall these same dangers [of sexual tensions and attractions within a mili-

    tary unit] by trying to prevent the commission of such acts." (emphasis

    in original)), and even if a right to engage in homosexual acts existed,

    it would not survive incarceration. Cf. Hernandez v. Coughlin, 18 F.3d

    133, 137 (2nd Cir. 1994) (prisoners have no right to conjugal visits

    because "[r]ights of marital privacy . . . are necessarily and substantially

    abridged in the prison setting").

    6
    

    side's policy, we apply the factors set forth in Turner v. Safley, 482

    U.S. 78, 89-90 (1987). Three of the four factors are relevant to

    Veney's equal protection claim. Cf. Washington v. Harper, 494 U.S.

    210, 224-25 (1990) (applying three of the four Turner factors to a

    substantive due process claim). "First, there must be a `valid, rational

    connection' between the prison regulation and the legitimate govern-

    mental interest put forward to justify it." Turner, 482 U.S. at 89. Sec-

    ond, a court must consider "the impact accommodation of the asserted

    constitutional right will have on guards and other inmates, and on the

    allocation of prison resources generally." Id. at 90. Third, "the

    absence of ready alternatives is evidence of the reasonableness of a

    prison regulation."5 Id. at 90-91 ("This is not a `least restrictive alter-

    native' test: prison officials need not set up and then shoot down

    every conceivable alternative method of accommodating the claim-

    ant's constitutional complaint.").

    1.
    

    Veney argues that "[t]here is no legitimate penological interest for

    the segregation of homosexual, male inmates." (Appellant's Br. at

    22.) We disagree. Prison safety and security are legitimate penologi-

    cal interests that we must consider. See Washington, 494 U.S. at 223

    ("The legitimacy, and the necessity, of considering the State's inter-

    ests in prison safety and security are well established by our cases.").

    Thus, applying the Turner factors, we must first determine whether

    there is a valid, rational connection between safety and security and

    housing homosexual males in single-occupancy cells. Turner, 482

    U.S. at 89. In conducting this inquiry, we note that decisions relating

    to the accommodation of inmates, such as cell assignments, are the

    type of day-to-day judgments that rest firmly in the discretion of

    prison officials. See Pitts v. Thornburgh, 886 F.2d 1450, 1453-54

    (D.C. Cir. 1989) (distinguishing between "cases involving regulations

    that govern the day-to-day operation of prisons" and those that

    involve "general budgetary and policy choices made over decades in

    ____________________________________________________________

    5 The final factor identified in Turner was "whether there are alterna-

    tive means of exercising the right that remain open to prison inmates."

    Turner, 482 U.S. at 90. Because of the nature of Veney's equal protec-

    tion claim, this factor is not relevant. See Washington v. Harper, 494

    U.S. at 224 (excluding as irrelevant the "alternative means" factor).

    7
    

    the give and take of city politics," and concluding that the former is

    entitled to significantly more deference than the latter). Second-

    guessing such judgments "would seriously hamper [the prison offi-

    cials'] ability to anticipate security problems and to adopt innovative

    solutions to the intractable problems of prison administration."6 Tur-

    ner, 482 U.S. at 89.

    With this deference in mind, we recognize that there are many

    valid reasons that support the prison officials' conclusion that homo-

    sexuals should not be assigned to double-occupancy cells. For exam-

    ple, housing homosexuals with other homosexuals could lead to

    sexual activity between cellmates, which, as counsel for Appellees

    pointed out at oral argument, would jeopardize prison security. Sexual

    activity between cellmates also raises concerns about the transmission

    of diseases, such as HIV. Similarly, housing homosexuals with het-

    erosexuals might cause friction between cellmates that potentially

    could lead to violence. In light of examples of anti-homosexual vio-

    lence in our society, we cannot ignore the fact that homosexuals are

    subject to bias-motivated attacks from heterosexuals.7 See Dickerson

    v. United States, 530 U.S. 428, 443 (2000) (noting that aspects of

    national culture are relevant in constitutional analysis). Outside of the

    prison environment, concerns of bias-motivated attacks on homosexu-

    ____________________________________________________________

    6 The need for prison officials to have discretion with regard to cell

    assignments also justifies the existence of different policies at different

    facilities. Veney's assertion that homosexual males at Powhatan Correc-

    tional Center are allowed to live in double-occupancy cells, therefore, is

    not relevant to his equal protection claim, even assuming he is similarly

    situated to these inmates.

    7 Indeed, recent anti-gay attacks, such as the brutal murder of Matthew

    Shepard, demonstrate that resentment towards homosexuals in our soci-

    ety sometimes leads to severe violence and even murder. See Tom Ken-

    worthy, Second Man is Convicted of Killing Gay Student, Wash. Post,

    November 4, 1999, at A1 (describing the murder of Matthew Shepard,

    who was a homosexual student attending the University of Wyoming);

    Josh White, Guilty Plea in Attack on Gay Teen, Wash. Post, December

    8, 2000, at B5 (describing attack in which homosexual youth was hit

    over the head with metal pole); Sue Anne Pressley, Hate May Have Trig-

    gered Fatal Barracks Beating, Wash. Post, August 11, 1999, at A1

    (describing attack in which a homosexual private first class was blud-

    geoned to death).

    8
    

    als have prompted almost half of the states to protect homosexuals

    with hate crime statutes. See, e.g., Fla. Stat. ch. 775.085 (2001)

    (increasing penalty for crimes that evidence prejudice based on,

    among other characteristics, sexual orientation); Ky. Rev. Stat.

    Ann. § 532.031 (Baldwin 2001) (defining hate crimes to include

    offenses motivated by sexual orientation); see also State Hate

    Crimes/Statutory Provisions at http://www.adl.org/99hatecrime/

    provisions.html (2001). Studies also have shown that inmates known

    to be homosexuals are at a greater risk of being sexually attacked in

    prison. See Robert Dumond, Inmate Sexual Assault: The Plague that

    Persists, 80 Prison J. 407, 408 (2000) (listing homosexuals as a group

    that appears to be more vulnerable to sexual victimization). Thus, in

    the prison environment, where inmates live in close quarters and their

    movements are restricted, prison officials reasonably may conclude

    that more proactive measures are required to protect homosexuals

    from bias-motivated attacks. Not allowing heterosexuals to share cells

    with homosexuals is a rational means of preventing violence between

    the groups. Moreover, not allowing homosexuals to share cells with

    other homosexuals is a rational means of preventing sexual activity

    and the spread of sexually transmitted diseases. The authorities at

    Riverside are, therefore, not constitutionally precluded from limiting

    homosexuals to single-occupancy cells.

    This does not end our inquiry, however, because Veney alleges that

    Riverside discriminates against him not only because he is a homo-

    sexual, but also because he is a male. We must, therefore, consider

    whether the gender-based dimension of the alleged discrimination is

    rationally connected to safety and security concerns in the prison,

    while again keeping in mind the deferential standard applicable to

    decisions regarding day-to-day prison management, see supra, at 5-6.

    At Riverside, females and males are housed separately, and each

    gender faces unique safety and security concerns of various degrees.

    Indeed, it is a well-documented reality that institutions for females

    generally are much less violent than those for males. See, e.g., Kim-

    berly R. Greer, The Changing Nature of Interpersonal Relationship

    in a Women's Prison, 80 Prison J. 442, 462 (2000); Klinger v. Dep't

    of Corr., 31 F.3d 727, 732 (8th Cir. 1994) ("Male inmates . . . are

    more likely to be violent and predatory than female inmates."). More-

    over, studies show that male inmates are more likely than female

    9
    

    inmates to have homophobic attitudes. See Christopher Hensley, Atti-

    tudes Toward Homosexuality in a Male and Female Prison, 80 Prison

    J. 434, 440 (2000) ("[L]ike societal attitudes, women are less

    homophobic even while incarcerated."). Insofar as homophobic atti-

    tudes lead to bias-motivated attacks, see supra, at 8-9, and males are

    more likely to have such attitudes than are females, prison officials

    would be justified in concluding that male inmates present a greater

    threat than female inmates of initiating such attacks. In formulating

    and executing decisions relating to cell assignments, we must allow

    prison authorities the discretion to take into account the particular

    safety and security concerns facing male inmates, even though such

    considerations result in disparate treatment based upon gender.

    Accordingly, because the safety and security concerns that arise from

    housing homosexuals in double-occupancy cells are more significant

    with respect to males than they are with respect to females, we con-

    clude that the complained of gender-related disparate treatment in the

    housing of homosexuals is rationally calibrated to address legitimate

    penological concerns.8

    2.
    

    The second Turner factor we must consider is the impact of accom-

    modating the asserted constitutional right. Accommodating homosex-

    ual males in double-occupancy cells would require prison officials to

    devote more time to making cell assignments because they would

    have to ensure that homosexuals were not housed with other homo-

    sexuals or with violent homophobic inmates. Furthermore, the sexual

    tension caused by such a living arrangement would place a greater

    burden on guards who would have to prevent and control disturbances

    between homosexual and heterosexual cellmates.

    ____________________________________________________________

    8 Veney argues that safety and security concerns cannot be reasonable

    bases for the prison officials' refusal to house him in a double-occupancy

    cell because "[h]e has never been involved in a safety or security issue

    arising from his sexual preference, nor has he felt his personal safety was

    in jeopardy at Riverside." (Appellant's Br. at 21.) Even if Veney estab-

    lished at trial that he has been safe at Riverside, the alleged policy of lim-

    iting homosexuals to single-occupancy cells would be justifiable, in that

    evidence of Veney's past safety does not undermine the existence of a

    rational connection between concerns over inmate safety and a policy

    against housing homosexual males in double-occupancy cells.

    10
    

    3.
    

    The third Turner factor informs us that "the absence of ready alter-

    natives is evidence of the reasonableness of a prison regulation." Id.

    at 90. Because part of the friction that Riverside aims to prevent

    results from homosexual males and heterosexual males living

    together, there is no ready alternative to the prison's policy of not let-

    ting members of these two groups live in the same cell. We conclude,

    therefore, that the prison policy of not letting homosexual males live

    in double-occupancy cells is reasonably justified by a legitimate

    penological interest. Because Veney has not alleged facts that, if

    proven true, would demonstrate that the alleged prison policy at issue

    is not reasonably related to legitimate penological interests, his com-

    plaint fails to state a claim upon which relief may be granted.

    IV.
    

    Because the disparate treatment alleged by Veney is justified by

    legitimate penological interests, he would not be entitled to relief

    even if all of his allegations were true. Accordingly, we affirm the

    district court's dismissal under § 1915A.

    AFFIRMED
    

    11
    

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