Wesley Brooks v. Tom Roy

776 F.3d 957, 2015 WL 327713, 2015 U.S. App. LEXIS 1197
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 27, 2015
Docket14-1301
StatusPublished
Cited by37 cases

This text of 776 F.3d 957 (Wesley Brooks v. Tom Roy) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wesley Brooks v. Tom Roy, 776 F.3d 957, 2015 WL 327713, 2015 U.S. App. LEXIS 1197 (8th Cir. 2015).

Opinion

KELLY, Circuit Judge.

Wesley Eugene Brooks is a member of the Shakopee Mdewakanton Sioux Community and an inmate at the Minnesota Correctional Facility in Faribault, Minnesota (“MCF-Faribault”). He sued various officials at his prison and alleged that his required chemical-dependency program conflicted with his religious beliefs. The district court 1 dismissed some of Brooks’s claims and granted summary judgment for the defendants on his other claims. Because we conclude that Brooks’s complaint failed to state a claim on which relief may be granted, we affirm the-judgment. 2

I. Background

Brooks is incarcerated for Minnesota convictions of first-degree DWI and assaulting an officer. Once admitted into the Minnesota Department of Corrections (“MDOC”) system, Brooks received a chemical-dependency assessment, as all new inmates are required to have under Minnesota law, and was ordered to complete treatment in order to be transferred to a lower-security prison, qualify for work release, and avoid disciplinary sanctions. Brooks began treatment at MCF-Fari-bault in November 2011.

In February 2012, Brooks filed a federal complaint. under 42 U.S.C. § 1983; the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc et seq.; the American Indian Religious Freedom Act (“AIRFA”), 42 U.S.C. § 1996; and the Minnesota Constitution. He claimed that his required chemical-dependency program deprived him of his right to the free exercise of his religion. Brooks named as defendants various MDOC agency heads; the director of psychological services at MCF-Faribault, Douglas Panser; the director of the New Dimensions Chemical Dependency Program (through which Brooks was receiving his treatment), James Schaffer; and various John/Jane Does. Each defendant was sued in her or his official and individual capacities.

According to Brooks, he was placed into a 12-step program at New Dimensions because there is no alternative program at MCF-Faribault for those of a Native American faith. He says that the program “conflicts with his Native American religious faith” because it forces him to “profess beliefs that are inconsistent with his faith, which he does not wish to do.” Brooks does not, however, specify his religion or allege which principles of his religion are compromised or unaccommodated at MCF-Faribault. Instead, he requests to participate in what he asserts is a culturally appropriate treatment program available at the Mash-ka-wisen treatment center in Sawyer, Minnesota, which is 191 miles north of MCF-Faribault. Brooks says the defendants denied his request, and he appealed their decision until, he alleges, he had exhausted his administrative remedies.

The defendants responded with a motion to dismiss, Fed.R.Civ.P. 12(b)(6), or alter *959 natively for summary judgment, Fed. R.Civ.P. 56. They asserted that the RLUI-PA and AIRFA claims should be dismissed because there is no cause of action available. The defendants also argued that Brooks’s complaint fails to state a claim for relief because he did not identify a specific religious belief that had been substantially burdened by the treatment program. Last, the defendants contended that Brooks failed to exhaust his administrative remedies before filing the lawsuit, as required under 42 U.S.C. § 1997e(a).

Brooks responded to the defendants, adding color to his claims. He conceded that his treatment program is not a 12-step program but says it “is similar to” one and that aspects of the program “have a twelve step component.” Brooks also conceded that he had not filed a formal grievance or appeal but asserted that he had sent kites (informal messages or letters) to various MDOC officials and thereby created an issue of material fact whether he had exhausted his administrative remedies. Alternatively, Brooks argued that his failure to exhaust should be excused because “Defendants prevented him from doing so” when his counselor and Schaffer told him that no appeal was available from his challenges to treatment decisions. Once again, however, Brooks did not specify his religion or any component of his religious practice that is unavailable to him at the prison.

After his motion for a temporary restraining order was denied by the district court, 3 a magistrate judge, to whom the case had been assigned, recommended granting the defendants’ motion and dismissing the suit. The magistrate judge first agreed that Brooks’s RLUIPA and AIRFA claims should be dismissed because those statutes do not allow a private cause of action in these circumstances.

The magistrate judge then considered Brooks’s § 1983 claims. The magistrate judge noted that Brooks’s various complaints to staff could be seen as challenging various aspects of the chemical-dependency program, including the effect of the program on his religious beliefs. Regardless, the magistrate judge concluded, Brooks had failed to exhaust his remedies: He did not appeal the denial of his request for a transfer, as MDOC 500.308(D) requires; and as he conceded, he never formally grieved the substance of the treatment program, as MDOC 303.100 requires. Nor, the magistrate judge determined, did Brooks present evidence to support his allegation that he was prohibited from exhausting his administrative remedies. The magistrate judge thus recommended dismissing Brooks’s federal claims with prejudice and declining jurisdiction over his state-law claim.

The district court construed the magistrate judge’s report as recommending dismissal of Brooks’s claims under the RLUIPA and AIRFA and recommending summary judgment on his § 1983 claims. Brooks objected to only the conclusions that he had not exhausted his administrative remedies on his § 1983 claims and that supplemental jurisdiction over his state claims was unwarranted. The district court rejected the objections and adopted the recommendation in full.

II. Discussion

This court reviews a grant of summary judgment de novo and may affirm the judgment of the district court on any basis that the record supports. St. Martin v. City of St Paul, 680 F.3d 1027, 1032 *960 (8th Cir.2012). Summary judgment is appropriate when one party has presented no evidence sufficient to create a question of fact with regard to an essential element of that party’s claim. Id.

On appeal, Brooks addresses only the district court’s grant of summary judgment, which is based on the court’s conclusion that Brooks failed to exhaust his administrative remedies.

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Bluebook (online)
776 F.3d 957, 2015 WL 327713, 2015 U.S. App. LEXIS 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wesley-brooks-v-tom-roy-ca8-2015.