Torrey F. Wilcox v. Betty Brown
877 F.3d 161
| 4th Cir. | 2017Background
- Plaintiff Torrey Wilcox, a North Carolina prisoner and Rastafarian, sued under 42 U.S.C. § 1983 after Marion Correctional Institution suspended group Rastafarian worship services on Sept. 12, 2013.
- Wilcox filed and exhausted the prison grievance process up to Step Three challenging the initial suspension; the grievance record showed authorization by the Office of Religious Services.
- Chaplain Menhinick was hired in late November 2013; prison officials told Wilcox the service would resume but then Superintendent Terrell declined to reopen the Rastafarian service.
- Wilcox alleged the refusal to reinstate group services deprived him of a reasonable opportunity to worship according to his Rastafarian tenets; he sought damages.
- The district court dismissed the complaint under 28 U.S.C. § 1915A for failure to state a claim and for failure to exhaust; it dismissed claims against Menhinick for merely relaying Terrell’s decision.
- The Fourth Circuit affirmed dismissal as to Menhinick but reversed dismissal of the remaining defendants and remanded, holding dismissal for nonexhaustion was improper and that Wilcox adequately pled a Free Exercise claim at the pleading stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for failure to exhaust was proper | Wilcox had exhausted via Step Three and was not required to file a new grievance after the chaplain hire because the injury was continuing | Defendants argued Wilcox needed to file a new grievance after Menhinick's hire to exhaust the post-hire refusal | Court: Dismissal for failure-to-exhaust was improper; exhaustion is an affirmative defense and Wilcox’s grievance sufficed for a continuing violation |
| Whether Wilcox adequately alleged a Free Exercise substantial-burden claim | Wilcox alleged the absence of group Rastafarian services deprived him of a reasonable opportunity to practice his religion (including Sabbath observance) | Defendants argued Wilcox failed to plead that group services were required or why his beliefs mandated participation; noted alternatives (private prayer, other services, prisoner-leader application) | Court: Complaint, liberally construed, sufficiently alleged sincerity and a substantial burden; alternatives cited by defendants did not defeat the pleading |
| Whether the Turner reasonableness inquiry foreclosed Wilcox’s claim at pleading | Wilcox argued merits defenses under Turner required factual development and were premature | Defendants contended penological objectives justified the suspension and could be resolved at pleading | Court: Premature to resolve Turner factors at pleading because defendants had not stated the penological objectives relied on |
| Whether Chaplain Menhinick may be liable under § 1983 for relaying Terrell’s decision | Wilcox sought to hold Menhinick liable for informing him the service would not resume | Defendants argued Menhinick’s actions were merely following a superior’s order and not personal involvement | Court: Affirmed dismissal as to Menhinick—mere communication of Terrell’s decision did not show Menhinick’s personal involvement sufficient for § 1983 liability |
Key Cases Cited
- Jones v. Bock, 549 U.S. 199 (failure-to-exhaust is an affirmative defense; prisoner need not plead exhaustion)
- Turner v. Safley, 482 U.S. 78 (reasonableness test for prison regulations affecting constitutional rights)
- Thomas v. Review Bd. of Ind. Emp’t Sec. Div., 450 U.S. 707 (standard for sincere religious belief and substantial burden)
- Moore v. Bennette, 517 F.3d 717 (describing North Carolina prison grievance procedure)