Prisoner – 1st Amendment Violation

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7^th Circuit Court of Appeals

Case Name: Derrick D. Neely –Bey Tarik-El v. Daniel L. Conley, et al.

Case No.: 17-2980

Officials: FLAUM, RIPPLE, and BARRETT, Circuit Judges

Focus: Prisoner – 1^st Amendment Violation

Derrick D. Neely-Bey Tarik-El filed this action against various officials at the Correctional Industrial Facility (“CIF”) in Pendleton, Indiana, and at the Indiana Department of Corrections (“IDOC”). He alleged that the defendants had prevented him from participating fully in the worship services of the Moorish Science Temple of America (“MSTA”) held at the CIF, in violation of the Free Exercise and Establishment Clauses of the First Amendment.

The district court screened the complaint under 28 U.S.C. § 1915A. It dismissed claims against Commissioner Bruce Lemmon and Superintendent Wendy Knight on Eleventh Amendment grounds and against Officer David Liebel on the ground that he had not participated personally in any of the actions against Mr. Neely-Bey. The district court allowed the damages claims against the remaining defendants to go forward. Following discovery, the remaining defendants moved for summary judgment on qualified immunity grounds. The district court granted the motion.

Before us, Mr. Neely-Bey contends that the district court failed to recognize that his complaint sought both damages and injunctive relief. He maintains that his injunctive relief claims must be reinstated because they are unaffected by sovereign or qualified immunity. Moreover, he contends that the district court erred in granting qualified immunity to the defendants on his damages claims.

We conclude that the defendants are entitled to qualified immunity on Mr. Neely-Bey’s claims for damages under the Free Exercise Clause and the Establishment Clause and, therefore, affirm the district court’s judgment with respect to those claims. We agree with Mr. Neely-Bey that the district court misread his complaint and that it clearly seeks injunctive relief as well as damages against the defendants. Moreover, the district court should have read Mr. Neely-Bey’s pro se free exercise claim as seeking injunctive relief under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. (“RLUIPA”). Consequently, we must remand so that the district court may consider whether injunctive relief should be granted on the free exercise claim. In addressing this matter, the district court first must deter mine whether the free exercise claim and RLUIPA claims are moot. If it determines that the claims are not moot, it should consider whether injunctive relief is warranted. As a matter of law, there is no basis for injunctive relief on the establishment clause claims, and we therefore direct the district court to enter judgment in favor of the defendants on those claims.

Affirmed in part. Amended in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.