Williams v. Sibbett , 442 F. App'x 385 ( 2011 )

FILED
United States Court of Appeals
Tenth Circuit
October 18, 2011
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
REGINALD WILLIAMS,
Plaintiff - Appellant, No. 11-4060
v. (D. Utah)
MICHAEL R. SIBBETT; DONALD E. (D.C. No. 2:07-CV-00261-TS)
BLANCHARD; CHERYL HANSEN;
JESSE GELLEGOS; UTAH BOARD
OF PARDONS; CURTIS L. GARNER,
BOP Member; JOHN GREEN, BOP
hearing officer; THOMAS
PATTERSON, Utah governor’s staff
member; JESSE BEALS, Officer, Utah
State Prison; JACK FORD,
Spokesman, Utah State Prison; LINDA
JOHNSON, Utah governor’s staff
member; JANELL B. TUTTLE,
Secretary, Records Committee; UTAH
DEPARTMENT OF CORRECTIONS;
OFFICE OF THE GOVERNOR,
STATE OF UTAH,
Defendants - Appellees.
ORDER AND JUDGMENT *
Before LUCERO, ANDERSON, and GORSUCH, Circuit Judges.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination
of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
Plaintiff and appellant Reginald Williams appeals the district court’s order
dismissing his various constitutional claims against the State of Utah and state
employees (collectively the “State Defendants”). For the following reasons, we
affirm the dismissal.
BACKGROUND
Mr. Williams, proceeding pro se, is an inmate in the Utah State Prison. In
July of 2004, Mr. Williams appeared before the Board of Pardons and Parole
(“Board”) for a hearing. He claims that, at the hearing, he was asked about
changing his given name to Khalifah Ulajiad and was asked if this indicated that
he practiced the faith of Islam. Mr. Williams claims he was denied parole on the
basis of a brief report which contained information about his religion and race.
Mr. Williams also claims that the Board held an executive meeting where Board
members discussed the Islamic religion and determined to not give favorable
consideration to Muslims, in light of the world situation post - 9/11.
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Furthermore, he alleges that the Board members are members of the Church of
Jesus Christ of Latter-day Saints (“LDS church”), and they favor members of the
LDS church in their decisions regarding parole. Mr. Williams offers as support
for his charges a report on racial and ethnic fairness, a statistical analysis which
he says demonstrates a religious bias, and a newspaper article which he says
shows favoritism towards LDS church inmates.
Mr. Williams also argues that he sought records pursuant to the
Government Records Access Management Act (“GRAMA”), but was denied
access. He claims the denial was motivated by a desire to avoid embarrassment to
the LDS church.
Mr. Williams brought this action under 42 U.S.C. § 1983 against the
members of the Board. He alleged a host of claims: (1) a Free Exercise Clause
violation based on the Board’s consideration of religion in making parole
decisions; (2) an Establishment Clause claim based on the Board’s favoritism to
LDS church members; (3) an Equal Protection Clause violation based on the
Board’s consideration of race and religion in making parole decisions, including
an allegation that the defendants conspired; (4) another First Amendment claim
based on, inter alia, a purported failure to comply with the GRAMA requests.
The complaint sought monetary and punitive damages, as well as injunctive relief;
and “a prohibition of use of state power to protect LDS Church interests.” Mem.
Decision & Order at 3.
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Thus, there are three broad categories of claims: First Amendment and
Equal Protection claims based on the Board’s operations; conspiracy claims; and
GRAMA-related claims. The State Defendants filed a motion to dismiss pursuant
to Fed R. Civ. P. 12(b)(6) on the ground that Mr. Williams failed to state a claim.
The district court granted the motion, concluding that “each of these categories of
claims suffers from fatal defects.” Mem. Decision & Order at 3. Mr. Williams
appeals.
DISCUSSION
We review de novo a dismissal pursuant to Rule 12(b)(6). Cohen v.
Longhorn, 621 F.3d 1311, 1315 (10th Cir. 2010). We have reviewed the parties’
appellate materials, the record on appeal, and the relevant legal authority, and,
with the exception of the one issue stated below, we agree with the district court’s
thorough and well-reasoned order. The court accurately analyzed Mr. Williams’
claims and correctly determined that he was not entitled to relief.
The one issue we address separately is Mr. Williams’ claim pursuant to the
Religious Land Use and Institutionalized Persons Act (“RLUIPA”). The State
Defendants argue that this issue has been waived since Mr. Williams did not
mention it in his complaint, nor did he argue it in the district court. He attempted
to raise this issue by way of a motion/pleading filed some three years after his
complaint was filed. The district court never ruled on any issue relating to the
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RLUIPA. Accordingly, we agree with the State Defendants that this issue has
been waived.
CONCLUSION
For the foregoing reasons, we AFFIRM the district court’s dismissal of this
case. We GRANT Mr. Williams’ request to proceed in forma pauperis.
ENTERED FOR THE COURT
Stephen H. Anderson
Circuit Judge
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