Jose Smart v. Steven Johnson et al.

Summary

The United States District Court for the Eastern District of Wisconsin granted Defendants’ motion for summary judgment in Jose Smart’s 42 U.S.C. § 1983 and RLUIPA action. The court dismissed the case without prejudice because Smart failed to exhaust available administrative remedies before filing suit.

Holdings

1. Defendants were entitled to summary judgment because the undisputed facts established that Smart did not complete the available grievance process before filing suit.
2. The action was dismissed without prejudice because Smart filed suit before completing the administrative-exhaustion process.

Questions Presented

1. Whether Defendants were entitled to summary judgment because Smart failed to exhaust available administrative remedies before filing the action.
2. Whether the action should be dismissed without prejudice for failure to exhaust administrative remedies.

Disposition

dismissed