United States Tenth Circuit

In an action under 42 U.S.C. section 1983 alleging that the Oklahoma Department of Corrections (ODOC) and several employees and officials at a prison violated plaintiff's constitutional rights, dismissal of the complaint and a denial of plaintiff's motion for a preliminary injunction is affirmed in part where plaintiff conceded in his motion for a preliminary injunction that he received his desired diet at other ODOC facilities, undercutting any potential claim of system-wide denial. However, the order is reversed in part where the prison lacked the authority to reject his appeal for raising more than one issue and thereby prevented him from completing the grievance process.

Appellate Information

• Decided 06/08/2010
• Published 06/08/2010

Judges

• TACHA, Circuit Judge., Before TACHA, KELLY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jessica E. Yates, Snell & Wilmer, LLP, Denver, CO, for Appellant.


• For Appellees:
  
• Jill Tsiakilos, Assistant Attorney General, Oklahoma Attorney General's Office, Litigation Section, Oklahoma City, OK, for Appellees.