| Docket: 18-6067 Opinion Date: January 22, 2020 Judge: Robert Edwin Bacharach Areas of Law: Civil Rights, Constitutional Law, Criminal Law |
| Plaintiff-appellant Travis Greer, a Messianic Jew housed in an Oklahoma prison, informed prison officials that he kept kosher. At his request, the Oklahoma Department of Corrections agreed to provide Greer with kosher foods. In exchange, Greer agreed not to consume any non-kosher foods. Prison officials concluded that Greer had violated this agreement by consuming crackers and iced tea, which they considered non-kosher. As punishment, authorities denied Greer kosher foods for 120 days. Greer complained about this punishment. Soon afterward, officials saw Greer using a computer. Treating the computer use as an infraction, officials penalized Greer with a disciplinary sanction. The disciplinary sanction led officials to transfer Greer out of a preferred housing unit. Greer sued based on the suspension of kosher foods, the disciplinary sanction for using the computer, and the housing transfer. The district court granted summary judgment to defendants on some causes of action based on Greer’s failure to exhaust administrative remedies and dismissed other causes of action for failure to state a claim. The district court then granted summary judgment to defendants on the remaining causes of action based on qualified immunity and the unavailability of declaratory or injunctive relief. After review, the Tenth Circuit reversed in part and affirmed in part. In its first grant of summary judgment, the Tenth Circuit determined the district court correctly held that Greer had exhausted administrative remedies through a grievance addressing the suspension of his kosher foods. But the Tenth Circuit concluded the district court interpreted this grievance too narrowly, viewing it as pertinent only to Greer’s causes of action involving cruel and unusual punishment, conspiracy, retaliation, and deprivation of due process. "In our view, however, this grievance also encompassed Mr. Greer’s causes of action based on the Religious Land Use and Institutionalized Persons Act (RLUIPA) and the First Amendment. As a result, the district court should not have granted summary judgment for a failure to exhaust these two causes of action." Greer also asked the Tenth Circuit to review the district court’s second grant of summary judgment. The Court declined to do so because Greer waived appellate review of this ruling. |
