United States District Court, W.D. Wisconsin
OPINION AND ORDER
STEPHEN L. CROCKER Magistrate Judge
court's October 24, 2016 order (dkt. 36) on
defendants' May 3, 2016 motion to dismiss (dkt. 16), I
permitted pro se plaintiff Walter Smith to proceed
on five claims related to the adequacy of Ramadan meal bags,
the availability of proper foods for the Eid-ul-Fitr feast,
the adequacy of the halal diet, and the availability of
Islamic services and study groups.
defendants promptly filed a motion to dismiss most-but not
all-of Smith's remaining claims on exhaustion grounds
(dkt. 39). Defendants seek dismissal of all of the claims
except for the halal diet claim because: (1) Smith failed to
file the required DOC-2075 form prior to submitting his
grievances related to these claims, and (2) the 2008
Eid-ul-Fitr feast claim is untimely. Id. I am
granting this motion as to the Islamic services and study
group and 2008 Eid-ul-Fitr feast claims, but denying it as to
the Ramadan meal bag and 2009 Eid-ul-Fitr claims.
this lawsuit currently is set for jury selection and trial on
July 17, 2017 trial, but in light of the dismissal motions,
that will have to be moved back. I am striking the remaining
dates and setting a telephonic conference to reschedule this
DOC 2075 Form
inmate seeking new or additional religious practices or
property items that are not currently offered at his facility
of assignment must file a form DOC-2075. (See dkt.
41-1.) That form instructs inmates that:
If you want to start a new religious practice activity that
is not offered at the facility now [and] that involves other
offenders, affects your physical appearance or [affects] the
operation of the facility, you need to complete this form and
send it to the Chaplain/Superintendent requesting permission
as required by DOC 309.61, Wis. Admin. Code.
made pursuant to a form DOC-2075 are directed to the unit
chaplain or his designee. The chaplain may make a
recommendation to his supervisor, which is then forwarded to
the Religious Practice Advisory Committee
(“RPAC”) Executive Committee. The RPAC Executive
Committee considers the recommendation, and the warden makes
the final decision on the request. Denials pertaining to
DOC-2075 requests must be appealed to the Inmate Complaint
Review System (“ICRS”).
Ramadan Meal Bag
claims that the Ramadan meal bags made him sick because they
are cold and unhealthy, in violation of his First and Eighth
Amendment rights and the Religious Land Use and
Institutionalized Persons Act (“RLUIPA”), 42
U.S.C. § 2000cc-2(b). While he did not submit any
DOC-2075 forms requesting a change in the meal bags, Smith
did file inmate complaints that the Ramadan meal bags were
making him sick in 2008, 2009, 2010, and 2011.
received Smith's 2008 complaint on November 18, 2008.
(WCI-2008-29818, dkts. 25-14, 42-1.) This complaint was
dismissed because HSU staff did not believe that the meal
bags were causing Smith's symptoms and because the
Chaplain indicated that Smith need not follow Ramadan's
fasting requirement due to medical issues. (Dkt. 25-20.)
Smith appealed that decision, which was also dismissed.
(Dkts. 25-20, 25-21.)
filed the same complaint in 2009. (WCI-2009-22173, dkt.
46-2.) ICE rejected it on the ground that his complaint had
been addressed in Smith's previous inmate complaint on
the issue, WCI-2007-29446. (Dkt. 46-2.) The rejection
directed Smith to contact HSU with his medical issues. Smith
requested review of the rejection, and that was denied.
submitted the same complaint in 2010. (WCI-2010-17684, dkt.
46-4.) ICE received it on August 25, 2010, and again rejected
it on the ground that his 2007 complaint addressed this issue
by directing him to contact HSU with his medical ...