Jerome Adrian David v. Scott Crow, et al.

Summary

The United States District Court for the Western District of Oklahoma granted Defendant Elsie Persall’s motion to dismiss, in part construed as a motion for summary judgment, concerning Plaintiff Jerome Adrian David’s Eighth Amendment heart-healthy diet claim. The court dismissed the official-capacity claim without prejudice under Eleventh Amendment immunity and dismissed the claim for failure to exhaust administrative remedies under 42 U.S.C. § 1997e(a). The court also denied David’s motion for leave to supplement and directed entry of an amended judgment.

Holdings

1. A § 1983 claim against Persall in her official capacity was barred by Eleventh Amendment immunity because it was effectively a claim against the State of Oklahoma, Congress did not abrogate the state's immunity through § 1983, and Oklahoma had not waived immunity in the circumstances presented.
2. David failed to exhaust administrative remedies for his heart-healthy diet claim because Grievance No. 21-1 did not provide prison officials sufficient information to investigate the actual claim alleged in the complaint.
3. Leave to supplement the findings of fact and conclusions of law was denied because the proposed supplement presented no basis for a different Eleventh Amendment immunity ruling and was sought at a very late stage.

Questions Presented

1. Whether Eleventh Amendment immunity barred David's § 1983 Eighth Amendment claim against Persall in her official capacity.
2. Whether David exhausted administrative remedies under 42 U.S.C. § 1997e(a) for his heart-healthy diet claim against Persall.
3. Whether David should be granted leave to supplement his findings of fact and conclusions of law concerning Eleventh Amendment immunity.

Disposition

dismissed