Chapman v. Lampert

555 F. App'x 758
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 6, 2014
Docket13-8075
StatusPublished
Cited by5 cases

This text of 555 F. App'x 758 (Chapman v. Lampert) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Lampert, 555 F. App'x 758 (10th Cir. 2014).

Opinion

ORDER AND JUDGMENT **

PAUL J. KELLY, JR., Circuit Judge.

Plaintiff-Appellant Jon Chapman, a state prisoner proceeding pro se, appeals the district court’s grant of summary judgment for the Defendants-Appellees on his civil rights-based 42 U.S.C. § 1983 claims. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

Background

In early 2010, Mr. Chapman pleaded guilty to attempted second degree murder and was sentenced to 25 to 50 years in the Wyoming Department of Corrections (“WDOC”). Chapman v. State, 300 P.3d 864, 866 (Wyo.2013). Since February 2010, he has been incarcerated at either the Wyoming State Penitentiary in Raw-lins or the Wyoming Medium Correctional Institution in Torrington. 1 R. 316-17.

*760 Mr. Chapman professes that he is “an orthodox Jew by birth and was raised in the Jewish beliefs and customs.” Aplt. Br. 3; 1 R. 641. Upon entering the State Penitentiary in February 2010, however, Mr. Chapman signed a declaration proclaiming his religious affiliation to be “Christen” [sic]. 1 R. 343. In March 2010, after alerting prison staff to his inability to eat pork or fish, id. at 321, Mr. Chapman was approved for WDOC’s “Religious Diet Program,” id. at 344. He entered the program with the “declared faith” of “Christian — 7th Day Adventist,” and he was placed on a pork- and fish-free religious diet. Id. The “Kosher/Halal” religious-diet option was not checked. Id. In July 2010, Mr. Chapman took the step of changing his declared faith to “Christian/Seventh Day Adventist.” Id. at 345. Mr. Chapman later informed prison staff that he was “studying to be a minister” and required books and study materials from the “Seventh Day Adventist Church.” Id. at 336.

In December 2011, WDOC transferred Mr. Chapman to the Medium Correctional Institution in Torrington. Id. at 316-17. Upon entry, Mr. Chapman signed an “Inmate Religious Diet Program, Participation Agreement” indicating his religious affiliation as Seventh Day Adventist and requesting a dairy-free “Vegetarian Religious Diet.” Id. at 268. “Kosher” was an option, but one that Mr. Chapman did not check. Id.

On November 21, 2012, Mr. Chapman filed a formal inmate grievance, complaining that the Institution did not offer “us Jews a kosher vegetarian diet.” Id. at 264. The Grievance Manager responded in a memorandum that Mr. Chapman was being served a “vegetarian-lactose free diet” as he requested in his December 2011 agreement. Id. at 265. The Grievance Manager denied Mr. Chapman’s grievance and informed him of the appeals procedure. Id. Mr. Chapman did not appeal the denial of his grievance. Id. at 643.

On December 19, 2012, Mr. Chapman filed the instant lawsuit, alleging that the Defendants — various WDOC officials and staff — violated his civil rights by denying him a “proper religious diet.” Aplt. Br. 3; 1 R. 8-23. He stated claims under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc-l(a); Religious Freedom Restoration Act (“RFRA”), 42 U.S.C. § 2000bb-1(c); and the First, Eighth, and Fourteenth Amendments, citing 42 U.S.C. § 1983. Aplt. Br. 3; 1 R. 644. On January 5, 2013 — after filing suit and more than a year after filing his grievance — Mr. Chapman signed prison forms changing his religious affiliation to “orthodox Jew” and agreed to participate in the “Kosher Religious Diet Program,” specially instructing “vegetarian/ovo-lacto intolerant, no eggs, no milk, no dairy.” 1 R. 346.

The district court granted the Defendants’ motion for summary judgment and denied Mr. Chapman’s competing motion. Id. at 640. The court concluded that Mr. Chapman’s failure to appeal the denial of his grievance constituted a failure to exhaust available administrative remedies, thus barring his claims. Id. at 656. The court went on to conclude that, despite the fact that Mr. Chapman’s claims were unex-hausted, they also lacked merit. Id.

While his case was still before the district court, Mr. Chapman filed a motion for a “Temporary Restraining Order and Preliminary Injunction.” Id. at 568. The motion alleged that Mr. Chapman was “served rotten food for months on end and has been food poisoned a number of times by prison staff.” Id. His motion sought an injunction mandating that he “receive proper food” and that he “be moved from *761 this prison to another prison.” Id. at 573. The district court denied Mr. Chapman’s motion, holding that Mr. Chapman failed to provide factual or legal support for such relief, id. at 608, and also noting that Mr. Chapman inexplicably considered “steamed” vegetables to be “rotten,” id. at 609.

Mr. Chapman appealed both of the district court’s decisions to this court. 1 R. 746; Aplt. Br. 9-19, 20-22. On appeal, he argues that: (1) his religious dietary requests are motivated by sincerely held beliefs; (2) he has exhausted his administrative remedies and made every effort to compromise and solve the problem; (3)-(5) the Defendants are not protected by Eleventh Amendment, sovereign, or qualified immunity; (6) his individual-capacity claims against certain Defendants are valid; (7) he is entitled to damages, both compensatory and punitive; and (8) he is entitled to injunctive relief. Aplt. Br. 8-9.

Discussion

A. Summary Judgment

We review the district court’s grant of summary judgment de novo, applying the same standard as the district court. Air Methods Corp. v. OPEIU, 737 F.3d 660, 665 (10th Cir.2013).

In contesting whether he exhausted his administrative remedies, Mr. Chapman argues that he “along with a number of other inmates have submitted letters, kites, and grievances regarding religious and Kosher meal violations” to various prison staff and officials, including the Warden and Director. Aplt. Br. 11. He does not claim that he appealed his grievance but essentially argues that such procedure would have been futile because his previous efforts were “ignored, or answered cursory [sic] as to amount to no answer at all.” Id.

The Prison Litigation Reform Act of 1995 (“PLRA”) provides that

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Bluebook (online)
555 F. App'x 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-lampert-ca10-2014.