Greer v. Dowling, 947 F.3d 1297

Travis Greer, a Messianic Jew in Oklahoma custody, was approved for a kosher diet in exchange for agreeing not to eat non‑kosher food.
Prison officials concluded Greer violated the agreement by consuming crackers and iced tea and suspended his kosher meals for 120 days; he later received a disciplinary sanction for computer use and was moved from preferred housing.
Greer filed multiple grievances (notably Grievance 14‑55 and 14‑67) and then sued asserting RLUIPA, First, Eighth, and Fourteenth Amendment claims, retaliation, conspiracy, and state‑law obstruction of grievances.
The magistrate judge issued two reports recommending summary judgment: the first found failure to exhaust some claims; the district court adopted it; the second recommended summary judgment on remaining claims based on qualified immunity and lack of equitable relief; Greer did not object and the district court adopted it.
The Tenth Circuit held Grievance 14‑55, liberally construed, exhausted Greer’s RLUIPA and First Amendment claims and reversed for consideration on the merits, but affirmed that Greer waived appellate review of claims resolved by the second report and recommendation.
The panel declined to affirm on qualified immunity as an alternative ground because defendants did not raise it in the district court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Grievance 14‑55 exhausted RLUIPA and First Amendment claims	Grievance put officials on notice of constitutional/religious deprivation; thus exhaustion satisfied	Grievance was limited and did not cover RLUIPA/First Amendment; needed Grievance 14‑67	Grievance 14‑55, liberally construed, encompassed those claims; remand for merits
Whether remedies were unavailable so exhaustion was excused	Officials prevented further administrative steps so available remedies ended	Greer failed to complete process	Court agreed remedies became unavailable, so exhaustion satisfied for 14‑55
Whether appellate court may affirm on qualified immunity alternative	N/A (Greer opposed immunity)	Defendants urged qualified immunity on appeal	Cannot affirm on qualified‑immunity ground because defendants did not raise it below
Whether Greer waived appellate review of second report and recommendation	Objections made via "judicial notice," prior objections incorporated, or interests of justice	No timely, specific objection to second R&R despite extensions and ample time	Greer waived review; Court declines to consider those claims

Fields v. Oklahoma State Penitentiary, 511 F.3d 1109 (10th Cir. 2007) (prisoner exhaustion requirement under §1997e(a))
Ross v. Blake, 136 S. Ct. 1850 (2016) (available administrative remedies requirement and exception where remedies are unavailable)
Little v. Jones, 607 F.3d 1245 (10th Cir. 2010) (Oklahoma grievance procedure steps)
Kikumura v. Osagie, 461 F.3d 1269 (10th Cir. 2006) (connecting administrative claims to federal suit for exhaustion analysis)
Steele v. Federal Bureau of Prisons, 355 F.3d 1204 (10th Cir. 2003) (scope of administrative claims in exhaustion inquiry)
Hammons v. Saffle, 348 F.3d 1250 (10th Cir. 2003) (liberal construction to include RLUIPA in religious‑freedom grievances)
Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity as affirmative defense)
Morales v. I.N.S., 418 F.3d 1116 (10th Cir. 2005) (need to object to magistrate judge reports to preserve appellate review)
Moore v. United States, 950 F.2d 656 (10th Cir. 1991) (interests‑of‑justice exception to objection requirement)