Williams v. Norris

Court of Appeals for the Eighth Circuit

May 14, 1999

99-1743

Versions:176 F.3d 1089

1999 U.S. App. LEXIS 9059

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.

PER CURIAM.

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.