Catherynne Kendrick v. Lavonda Donavion
671 F.3d 686
8th Cir.2012Background
- Kendrick, an Arkansas inmate in punitive segregation, pursued claims under 42 U.S.C. § 1983 against Sergeant Lavonda Donavion for religious rights violations.
- Two asserted actions: destruction of a Catholic Bible and confiscation of rosary beads during a November 2007 cell shakedown.
- District court dismissed the Bible claim for failure to exhaust administrative remedies and the rosary-beads claim on the merits.
- The district court’s exhaustion ruling was the subject of appellate review, with the majority reversing in part and remanding, while the concurrence would affirm in part.
- The accused conduct occurred within ADC policy prohibiting possession of items that could be used for self-harm, including rosary beads, in punitive segregation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of Bible claim' | Kendrick argues she exhausted all remedies on the Bible claim. | Donavion contends Kendrick did not exhaust the Bible claim. | Bible claim not exhausted; affirmed dismissal without prejudice |
| Rosary beads trial-worthiness | Kendrick asserts a factual dispute exists on the confiscation of rosary beads. | Donavion argues no trial is needed if qualified immunity applies and policy is reasonable. | No trial needed on constitutional reasonableness; qualified immunity applies |
| Qualified immunity availability | Kendrick contends the policy enforcement violated her First Amendment rights under clearly established law. | Donavion contends she acted reasonably under policy; not clearly established violation. | Donavion entitled to qualified immunity |
Key Cases Cited
- Johnson v. Jones, 340 F.3d 624 (8th Cir. 2003) (exhaustion required under 42 U.S.C. § 1997e(a))
- Stone v. Harry, 364 F.3d 912 (8th Cir. 2004) (courts do not consider new materials not before district court)
- Griffin v. Super Valu, 218 F.3d 869 (8th Cir. 2000) (new documents must be in district court record)
- Turner v. Safley, 482 U.S. 78 (1987) (prison regulation dealing with safety and security reasonable)
- O’Lone v. Estate of Shabazz, 482 U.S. 342 (1987) (alternative means of religious exercise acceptable; policy reasonable)
- Murphy v. Missouri Dept. of Corr, 372 F.3d 979 (8th Cir. 2004) (prisoners need not be afforded preferred means if sufficient means exist)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (standard for pleading; immunity analysis contextualized)
- Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991) (valid, rational connection between policy and penological interests)
- Friend v. Kolodzieczak, 923 F.2d 126 (9th Cir. 1991) (prison regulation prohibiting rosary beads did not violate First Amendment)