Archie Bear v. Tracy Dietsch, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Lavenski R. Smith (UNPUBLISHED) [4359560] [15-1800]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 15-1800
___________________________
Archie Bear
lllllllllllllllllllll Plaintiff - Appellant
Duane Yates; Alex Tejeda; Tahjah Shepard; Michael Ferguson
lllllllllllllllllllll Plaintiffs
v.
Tracy Dietsch; John Fayram; John Baldwin; Cindy Wolmutt; Richard Jenkins;
Sheryl Dahm; Stephen Salviati
lllllllllllllllllllll Defendants - Appellees
Thomas Miller, Iowa Attorney General; All Other Similarly Situated Individuals,
within the Iowa Department of Corrections
lllllllllllllllllllll Defendants
____________
Appeal from United States District Court
for the Northern District of Iowa - Cedar Rapids
____________
Submitted: January 22, 2016
Filed: January 26, 2016
[Unpublished]
____________

Appellate Case: 15-1800

Page: 1

Date Filed: 01/26/2016 Entry ID: 4359560

Before WOLLMAN, ARNOLD, and SMITH, Circuit Judges.
____________
PER CURIAM.
Iowa inmate Archie Bear appeals the district court’s1 adverse grant of summary
judgment on his 42 U.S.C. § 1983 complaint. On appeal, he maintains that Iowa
officials--by enforcing a policy that affected inmate access to religious
services--violated his free exercise and equal protection rights, and violated a state
statute.
Regarding the free exercise claim, we note that Mr. Bear’s complaint did not
specify his faith, his beliefs under his faith, or how the policy in question conflicted
with his beliefs. Regarding his equal protection claim, we note that there was no
evidence in the record indicating that differences in treatment were motivated by
intentional or purposeful discrimination. Thus, upon careful de novo review, we
conclude that summary judgment was properly granted. See Brooks v. Roy, 776 F.3d
957, 960 (8th Cir. 2015) (discussing free exercise claims); Patel v. U.S. Bur. of
Prisons, 515 F.3d 807, 815-16 (8th Cir. 2008) (discussing equal protection claims);
Weir v. Nix, 114 F.3d 817, 821 n.7 (8th Cir. 1997) (violation of state statute, without
more, is insufficient to establish § 1983 claim); see also Fullington v. Pfizer, Inc., 720
F.3d 739, 747 (8th Cir. 2013) (court of appeals may affirm for any reason supported
by record). Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________

1

The Honorable Edward J. McManus, United States District Judge for the
Northern District of Iowa.
-2-

Appellate Case: 15-1800

Page: 2

Date Filed: 01/26/2016 Entry ID: 4359560