Williams v. Norris, 99-1743
Decision Date | 14 May 1999 |
Docket Number | No. 99-1743,99-1743 |
Citation | 176 F.3d 1089 |
Parties | Avery D. WILLIAMS, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction; Perry, Major, Chief of Security, North Central Unit; Steve Lively, Disciplinary Hearing Officer, North Central Unit; Larry May, Warden/Center Supervisor, North Central Unit; David Guntharp, Grievance Administrator, Central Office, Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
Avery D. Williams, argued, pro se.
Sara Merritt, Asst. Attorney General, Little Rock, AR, argued, for Appellees.
Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD, and BEAM, Circuit Judges.
Avery D. Williams, an Arkansas inmate, appeals from the district court's order dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies as required under 42 U.S.C. § 1997e(a). Williams had claimed that Arkansas Department of Correction officials violated his constitutional rights and his rights under the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb-2000bb-4, by imposing a grooming policy which prohibited Williams--a Rastafarian--from wearing his hair in "dreadlocks." We conclude the district court improperly granted defendants' motion to dismiss, as the record demonstrates that Williams's grievance had been denied by the Warden and the Assistant Director at the time the court ruled. Accordingly, we reverse and remand to allow Williams an opportunity to proceed on his claims.
To continue reading
Request your trial-
Liggins v. Barnett, No. 4-00-CV-90080 (S.D. Iowa 5/15/2001)
...1997e(a)'s exhaustion requirement by exhausting available remedies within the correctional facility. See Williams v. Norris, 176 F.3d 1089, 1089 (8th Cir. 1999) (per curiam) (reversing district court's order dismissing § 1983 action for failure to exhaust administrative remedies under 42 U.......
-
Ahmed v. Dragovich
...Alexander v. Hawk, 159 F.3d 1321, 1328 (11th Cir.1998); Garrett v. Hawk, 127 F.3d 1263, 1265 (10th Cir.1997). But see Williams v. Norris, 176 F.3d 1089, 1090 (8th Cir.1999) (permitting prisoner to continue action where he exhausted "at the time the court 10. We note that every court of appe......
-
Medina-Claudio v. Rodriguez-Mateo
...the claim on the merits, even if the prisoner exhausts intra-prison remedies before judgment."). But see Williams v. Norris, 176 F.3d 1089, 1090 (8th Cir.1999) (per curiam) (reversing district court's dismissal for failure to exhaust where "the record demonstrated that [plaintiff's] grievan......
-
Neal v. Goord
...suit, but suggesting district court may "in certain rare instances" have discretion not to dismiss). But see Williams v. Norris, 176 F.3d 1089, 1090 (8th Cir. 1999) (per curiam) (reversing district court's dismissal for failure to exhaust where "the record demonstrate[d] that [plaintiff's] ......
-
A blessing in disguise: protecting minority faiths through state religious freedom non-restoration acts.
...in original) (quoting Wright v. Roanoke Redevelopment & Hous. Auth., 479 U.S. 418, 423 (1987). (337.) See Williams v. Norris, 176 F.3d 1089 (8th Cir. 1999); Craddick, 113 F.3d 83; Jones-Bey, 944 F. Supp. 723 (N.D. Ind. 1996); Abordo, 902 F. Supp. at 1223; Muslim, 897 F. Supp. (338.) In ......