Summary
holding that it is sufficient for prisoners to exhaust their remedies before trial
Summary of this case from Jackson v. District of ColumbiaOpinion
No. 99-1743
Submitted: April 7, 1999
Decided: May 14, 1999
Appeal from the United States District Court for the North Eastern District of Arkansas.
Avery D. Williams, argued pro se.
Counsel who represented the appellee was Sara Merritt, Asst. Attorney General, Little Rock, Arkansas.
Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD, and BEAM, Circuit Judges
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.