Smart v. Johnson

Smart v. Johnson · United States District Court, Eastern District of Wisconsin · September 2, 2025 · No. 2:24-cv-01225

Summary

This United States District Court decision grants defendants' motion for partial summary judgment on the plaintiff's Fourteenth Amendment equal protection claim due to his failure to exhaust available administrative remedies as required by the Prison Litigation Reform Act. The court also addresses the plaintiff's failure to provide a current mailing address following his release from custody, ordering him to indicate how he wishes to proceed by September 26, 2025, or face dismissal for failure to diligently prosecute. The remaining claims under the First Amendment and RLUIPA remain pending.

Court
United States District Court, Eastern District of Wisconsin
Writing for the Court
Brett H. Ludwig
Jurisdiction
United States District Court for the Eastern District of Wisconsin
Decision date
September 2, 2025
Docket number
2:24-cv-01225
Procedural posture
Defendant's motion for partial summary judgment on Fourteenth Amendment equal protection claim
Standard of review
summary judgment standard under Fed. R. Civ. P. 56
Precedential value
nonprecedential
Disposition
dismissed

Topics

summary judgmentcivil procedurefourteenth amendmentfirst amendmentprisoners rights

Practice areas

civil procedureconstitutional lawcivil rights

Questions Presented

  1. Whether Smart exhausted the administrative remedies required by the Prison Litigation Reform Act for his Fourteenth Amendment equal protection claim
  2. Whether summary judgment is appropriate where the plaintiff failed to exhaust administrative remedies

Holdings

  1. The court granted summary judgment because Smart failed to exhaust the available administrative remedies, and therefore his Fourteenth Amendment equal protection claim is dismissed without prejudice.

Key quotations

Summary judgment is appropriate when the moving party shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.
The Court will assume all facts asserted by Defendants are undisputed and will decide the motion without his input.

Factual background

Jose Smart, while incarcerated, sued prison officials alleging violations of his First Amendment free exercise rights, RLUIPA, and Fourteenth Amendment equal protection rights. Defendants moved for partial summary judgment claiming Smart had not exhausted required administrative remedies. Smart did not submit a response.

Procedural history

Plaintiff filed a §1983 action alleging First Amendment, RLUIPA, and Fourteenth Amendment violations. Defendant moved for partial summary judgment asserting failure to exhaust administrative remedies. Plaintiff failed to respond, and the court granted summary judgment on the Fourteenth Amendment claim.

Court Document

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