French v. Wills

Summary

The court grants in part and denies in part defendants’ motion for summary judgment in an inmate’s 42 U.S.C. § 1983 action concerning access to Islamic religious services. The court dismisses the Equal Protection claim without prejudice for failure to exhaust administrative remedies before filing suit and dismisses the RLUIPA claim with prejudice because the plaintiff’s transfer mooted his request for injunctive relief. The First Amendment claim against the prison officials may proceed.

Holdings

1. Defendants failed to carry their burden of proving that French failed to exhaust his administrative remedies concerning the First Amendment claim arising from cancellation or denial of Islamic religious services. French may proceed on Claim 1.
2. Defendants failed to establish that French failed to exhaust the RLUIPA claim, but the claim must nevertheless be dismissed with prejudice because French's transfer eliminated his ability to obtain injunctive relief against the Menard official.
3. French failed to exhaust his Equal Protection claim before filing suit, so Claim 3 must be dismissed without prejudice.

Questions Presented

1. Whether Defendants established that French failed to exhaust available administrative remedies before filing his First Amendment claim concerning denial of Islamic religious services.
2. Whether Defendants established that French failed to exhaust available administrative remedies before filing his RLUIPA claim concerning denial of Islamic religious services.
3. Whether French exhausted his Equal Protection claim concerning allegedly unequal religious treatment of inmates in the East cellhouse before filing suit.
4. Whether French's transfer from Menard mooted his RLUIPA claim because only injunctive relief was available against the prison official in his official capacity.

Disposition

other