Wilder v. Sutton

310 F. App'x 10
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 11, 2009
DocketNo. 08-1692
StatusPublished
Cited by28 cases

This text of 310 F. App'x 10 (Wilder v. Sutton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilder v. Sutton, 310 F. App'x 10 (7th Cir. 2009).

Opinion

ORDER

Enoch Wilder, a prisoner of Illinois and practitioner of Wicca, filed this lawsuit in November 2004 after almost two years of unanswered requests for access to specific religious items. Thirty more months then elapsed before the defendants finally moved for summary judgment on the ground that Wilder had turned to the courts without first exhausting his administrative remedies. Because the district court erred in accepting this contention, we vacate the judgment and remand for further proceedings.

The pertinent facts are mostly undisputed, and where they are we recount them in the light most favorable to Wilder. Shortly after entering Pickneyville Correctional Center in January 2008, Wilder notified prison administrators that he wanted to practice Wicca but was told to direct those requests to Pickneyville’s chaplain, Rick Sutton. Wilder then submitted numerous “request slips” asking Chaplain Sutton for access to religious items, including tarot cards, candles, and incense. Wilder says he received no response from Sutton, though Sutton says he told Wilder he could not have candles or incense in his cell. Wilder also directed requests to other administrators, but these produced no results. Finally, in November 2003, Wilder turned to the grievance process.

A uniform procedure governs grievances by state prisoners in Illinois. First the inmate must try to resolve the issue with a counselor. Thornton v. Snyder, 428 F.3d 690, 694 (7th Cir.2005); III. Admin. Code tit. 20, § 504.810(a). If this informal process does not get results, the prisoner may file a written grievance (on a particular form) “within sixty days after the discovery of the incident, occurrence, or problem that gives rise to the grievance.” III. Admin. Code tit. 20, § 504.810(a). A Grievance Officer reviews the formal submission and makes a recommendation to the institution’s warden. Id. § 504.830(d). An adverse decision may be challenged by addressing an administrative appeal to the Administrative Review Board (ARB), which then makes a recommendation to the Director of the Department of Corrections for final decision. Id. § 504.850(a), (b), (f).

On November 19, 2003, Wilder completed a “Committed Person’s Grievance,” the form prescribed by the prison system for inmate grievances. That document details Wilder’s attempts to secure approval “to order my ritual utensils so I can properly worship my God/dess.” Wilder’s counselor returned the form to him with the explanation that Chaplain Sutton had said he needed a complete, verified list detailing the items he needed to practice Wicca. How Wilder’s grievance form got into the hands of his counselor instead of the Grievance Officer is not explained in the record; there is no evidence that Wilder did not submit his form in the proper manner for processing. We don’t know why it was returned; all we know is what the counselor told Wilder.

Wilder, though, followed his counselor’s direction and sought documentation from his religious leader. The Rev. Paul V. Beyerl of the Rowan Tree Church in Kirkland, Washington, sent Wilder a list of items broken down between those deemed “very desirable for the working of our primary religious ceremonies,” others seen [12]*12as “very important for the practice and study of our religion,” and a third group which included desirable items that “may be considered security risks.” Wilder sent this list to Chaplain Sutton, who forwarded it to the Religious Practice Advisory Board, which advises the Department of Corrections on religious matters. Nelson v. Miller, No. 03-254-CJP, 2008 WL 904735, at *3 n. 3 (S.D.Ill. Mar. 31, 2008); Ill. Admin. Code tit. 20, § 425.40; Ill. Dep’t of Corr. Admin. Dir. 04.25.101.

Wilder heard nothing more, and despite repeatedly asking Chaplain Sutton about the status of his request, received no answer. So on February 8, 2004, he completed a second “Committed Person’s Grievance” seeking the same basic relief. Once again there is no evidence suggesting that Wilder did not deliver his grievance form for processing in the manner required, but again the form was promptly returned by the counselor. This time the counselor explained that Chaplain Sutton wás still waiting for advice from the advisory board and admonished, “You should have sent him this list before you wrote a grievance.”

Since the holdup seemed to be with the advisory board, Wilder packaged copies of his November 19 and February 8 grievance forms and sent them to that body as evidence that he tried to resolve the issue internally at Pickneyville. But his package ended up at the Administrative Review Board, which processed the contents as if Wilder had submitted an administrative appeal from an adverse decision on a single grievance. The review board, which did not know that Wilder’s two grievance forms had been returned unprocessed, rejected his “appeal” on the ground that he neglected to include the Grievance Officer’s recommendation or the warden’s decision.

Wilder did not become aware of the Administrative Review Board’s ruling until it reached him in May 2004. Meanwhile, on March 15, Wilder had also taken copies of his November and February grievance forms directly to the institutional Grievance Officer. The Grievance Officer processed the copies as an entirely new grievance and recommended that it be denied because Chaplain Sutton was still awaiting guidance from the Religious Practices Advisory Board. Piekneyville’s warden accepted the Grievance Officer’s recommendation two days later. Wilder filed an administrative appeal by forwarding the Grievance Officer’s recommendation and the warden’s decision to the Administrative Review Board, which on July 19 rejected Wilder’s appeal on a different ground. According to the board, the March 15 grievance was untimely because it concerned events dating back to November 2003 but was not submitted until more than sixty days after those events.

Four months later, Wilder sued. His complaint, which alleges claims under the First Amendment; the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000ec to 2000cc-5; and state law, names as defendants Chaplain Sutton, three administrators at Pickneyville, the head of the Religious Practices Advisory Board, and the chairperson of the Administrative Review Board. Acting on a magistrate judge’s recommendation, the district court granted summary judgment for the defendants on the ground that Wilder had not exhausted his administrative remedies before filing suit. The court reasoned that “Wilder’s grievances were premature and that he did not properly follow the required procedures.” The district court, however, did not attempt to reconcile this conclusion with the view of the Administrative -Review Board, which said that Wilder’s mistake was acting too late, not too early.

[13]*13On appeal the defendants bypass the district court’s analysis and seek to defend the view of the Administrative Review Board that Wilder did not submit a timely grievance challenging the denial of items necessary to practice his religion. Wilder, in turn, insists that the evidence establishes that he fully exhausted the administrative remedies available to him. Our review is de novo. Kaba v. Stepp, 458 F.3d 678, 681 (7th Cir.2006).

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Bluebook (online)
310 F. App'x 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilder-v-sutton-ca7-2009.