PUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-7596

TORREY F. WILCOX, Rastafarian,

 Plaintiff – Appellant,

v.

BETTY BROWN, Chaplain; DWAYNE TERRELL, Superintendant, Marion 

Correctional Institution; RANDY TEAGUE, Superintendant of Programs 

(Assistant), Marion Correctional Institution; CHAPLAIN MENHINICK, Marion 

Correctional Institution,

 Defendants – Appellees.

Appeal from the United States District Court for the Western District of North Carolina, 

at Asheville. Frank D. Whitney, Chief District Judge. (1:13-cv-00333-FDW)

Argued: October 25, 2017 Decided: December 5, 2017

Before TRAXLER, KING, and DUNCAN, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Traxler 

wrote the opinion, in which Judge King and Judge Duncan joined.

ARGUED: Charlie Hogle, NORTHWESTERN PRITZKER SCHOOL OF LAW, 

Chicago, Illinois, for Appellant. Ryan Y. Park, NORTH CAROLINA DEPARTMENT 

OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: David M. Shapiro, 

Roderick and Solange MacArthur Justice Center, NORTHWESTERN PRITZKER 

SCHOOL OF LAW, Chicago, Illinois, for Appellant. Josh Stein, Attorney General, 
2

Kimberly D. Grande, Assistant Attorney General, NORTH CAROLINA DEPARTMENT 

OF JUSTICE, Raleigh, North Carolina, for Appellees.
3

TRAXLER, Circuit Judge:

Torrey F. Wilcox appeals a district court order dismissing his in forma pauperis

§ 1983 action, see 42 U.S.C. § 1983, for failure to state a claim and failure to exhaust 

administrative remedies. We affirm in part, reverse in part, and remand to the district 

court for further proceedings.

I.

Wilcox is a prisoner of the State of North Carolina. He brought this in forma 

pauperis § 1983 action in federal district court, alleging the following facts. 

Wilcox is an adherent of the Rastafarian faith. The Rastafarian worship services at 

the prison where he was housed, Marion Correctional Institution (“MCI”), were 

suspended on September 12, 2013, by Superintendent Dwayne Terrell and Assistant 

Superintendent of Programs Randy Teague. With no chaplain on staff, the prison 

administration refused to provide certified non-custodial staff to monitor the group 

service even though it had done so for other religious groups. The discontinuation of the 

service deprived Wilcox of “a reasonable opportunity to worship according to [his] 

Rastafarian tenets, beliefs, customs, and practices.” J.A. 4. 

 Wilcox filed a grievance challenging the discontinuation of the services and

appealed the resulting adverse decision through all three steps of the grievance process

that the North Carolina Department of Correction provides for prison complaints. See

Moore v. Bennette, 517 F.3d 717, 721-22 (4th Cir. 2008) (describing process). At Step 

One, Wilcox was told that the Office of Religious Services, which was headed by Betty 

Brown, had authorized Terrell and Teague to close the service. At Step Two, an 
4

administrative investigator reviewing Wilcox’s grievance determined that the prison had 

“adequately addressed” his complaint. J.A. 10. In the final step of the procedure, an

inmate grievance examiner adopted that determination and concluded that no further 

action was warranted. The final decision was issued on November 22, 2013.

MCI hired Chaplain Menhinick on or about November 20, 2013. Menhinick told 

Wilcox on December 12, 2013, that the Rastafarian service would restart on December 

16, 2013. However, on December 13, 2013, Menhinick informed Wilcox that “Terrell 

had made an executive decision to not open the Rastafarian worship service.” J.A. 5.1

Wilcox’s lawsuit names Brown, Terrell, Teague, and Menhinick as defendants and 

requests damages from each in the amount of $75,000, as well as attorneys’ fees and 

costs.

2

The district court ordered Wilcox to affirmatively show that he had exhausted his 

administrative remedies relating to his claim. In response, Wilcox filed a verified 

statement asserting that he had exhausted his administrative remedies, and he submitted a 

 1 On August 27, 2014, Wilcox filed a sworn declaration stating that the 

Rastafarian services had resumed in January 2014. 

2 In an affidavit attached to Wilcox’s complaint, inmate Marcus Thorpe 

asserted that the prison administration initially stated that services were cancelled 

because of the absence of a chaplain, but that the administration in fact had allowed 

Christian, Muslim, and other religions’ group services to continue even without a 

chaplain. After Thorpe filed a grievance, he was told the Rastafarian service would 

resume once a new chaplain was hired. But when the service in fact did not resume after 

Chaplain Menhinick was hired, Thorpe was told that it was because “the Rastafarians do 

not adhere to a holy day . . . which would require them (the Administration) to allow 

weekly services.” J.A. 6. Thorpe’s affidavit asserts that not only was it not true that 

Rastafarians do not adhere to a holy day, but the Administration actually realized that its 

reasons were invalid and a mere pretext for its religious animus. 
5

copy of the Step-Three decision of the Inmate Grievance Resolution Board disposing of 

his grievance. The district court subsequently ordered Wilcox to provide his Step-One 

grievance and the response thereto. Wilcox responded by filing a sworn declaration 

stating that the grievance was lost and a discovery request asking that Defendants provide

copies of the grievance records.

The district court then performed the required screening under Prison Litigation 

Reform Act (“PLRA”), determining whether the complaint, or any portion thereof, “is 

frivolous, malicious, or fails to state a claim upon which relief may be granted” or “seeks 

monetary relief from a defendant who is immune from such relief.” 28 U.S.C. 

§ 1915A(b). The court identified two possible claims in the complaint, one under the 

Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc1(a)(1)-(2), and one under the First Amendment’s Free Exercise Clause. The court 

analyzed these claims simultaneously. 

The court dismissed the claims against Chaplain Menhinick on the basis that

Menhinick could not be liable for simply following Terrell’s order not to resume the 

services. 

The remainder of the court’s analysis is fairly sparse. The district court observed 

that according to the North Carolina Prisons Religious Practices Guide, the Rastafarians 

at all times were free to pray privately or could attend group worship so long as the 

service was conducted by an approved worship leader. And, the court noted that Wilcox 

could have applied to be a prisoner-leader of a Rastafarian faith group. The district court 

did not explain how these observations supported dismissal of the complaint, however. 
6

Finally, the court determined that Wilcox had not exhausted his administrative remedies 

since he did not file a new grievance concerning the prison’s failure to resume the 

Rastafarian services once Chaplain Menhinick was hired.

II.

Wilcox argues that the district court erred in dismissing his Free Exercise claim 

against all defendants.3

The district court’s dismissal of a complaint pursuant to § 1915A for failure to 

state a claim is reviewed de novo. See Jehovah v. Clarke, 798 F.3d 169, 176 (4th Cir. 

2015); see also De’lonta v. Johnson, 708 F.3d 520, 524 (4th Cir. 2013) (explaining that 

standards for dismissal under § 1915A for failure to state a claim are the same as for Fed. 

R. Civ. P. 12(b)(6)). A plaintiff has stated a claim when he alleges facts allowing the 

court “to draw the reasonable inference that the defendant is liable for the misconduct 

alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). When evaluating the complaint, 

the court must construe all factual allegations in the light most favorable to the plaintiff. 

See Smith v. Smith, 589 F.3d 736, 738 (4th Cir. 2009). Additionally, when a plaintiff 

raises a civil rights issue and files a complaint pro se, the court must construe pleading 

requirements liberally. See id. 

A.

 3 Wilcox does not appeal the dismissal of his RLUIPA claim.
7

Wilcox first challenges the district court’s conclusion that dismissal of his claim

was warranted by virtue of his failure to exhaust his administrative remedies. We agree 

that failure to exhaust was not a proper basis for dismissal.

Because Wilcox’s claims are governed by the PLRA, he was required to exhaust 

administrative remedies prior to bringing a § 1983 action. See 42 U.S.C. § 1997e(a). 

However, he was not required to affirmatively show exhaustion in his complaint. See

Jones v. Bock, 549 U.S. 199, 216 (2007). Rather, failure-to-exhaust is an affirmative 

defense that must be raised by the defendant. See id. And a district court, at the 

pleadings stage, may not dismiss a claim based on the plaintiff’s failure to affirmatively 

show exhaustion, even when the court has first allowed the plaintiff to address the issue. 

See Custis v. Davis, 851 F.3d 358, 361-62 (4th Cir. 2017). Nevertheless, despite the fact 

that failure-to-exhaust is an affirmative defense, a prisoner’s complaint may be dismissed 

for non-exhaustion “in the rare case where failure to exhaust is apparent from the face of 

the complaint.” Anderson v. XYZ Corr. Health Servs., Inc., 407 F.3d 674, 682 (4th Cir. 

2005). 

In this case, the parties agree that no failure to exhaust was apparent from the face 

of the complaint. Accordingly, the district court erred to the extent it dismissed for 

failure to exhaust administrative remedies.4

 4 We note that we decided Custis after the district court dismissed Wilcox’s 

complaint.

Because of the likelihood it will arise again on remand, there is one more 

exhaustion-related issue we will address. Wilcox challenges the district court’s 

(Continued)
8

B.

Wilcox also contends that the district court erred in concluding that other reasons 

supported dismissal of his complaint. In order to state a claim for violation of rights 

secured by the Free Exercise Clause, an inmate, as a threshold matter, must demonstrate 

that: (1) he holds a sincere religious belief; and (2) a prison practice or policy places a 

substantial burden on his ability to practice his religion. See Thomas v. Review Bd. of 

Ind. Emp’t Sec. Div., 450 U.S. 707, 718 (1981). Defendants place a substantial burden on 

 

conclusion that he was required to file an additional grievance to exhaust his 

administrative remedies with regard to the prison’s continued refusal to resume the group 

Rastafarian services after Menhinick was hired. We agree with Wilcox on this point as 

well. 

The main purpose of the PLRA’s exhaustion requirement is “allowing a prison to 

address complaints about the program it administers before being subjected to suit,

reducing litigation to the extent complaints are satisfactorily resolved, and improving 

litigation that does occur by leading to the preparation of a useful record.” Moore, 517 

F.3d at 726 (internal quotation marks omitted). Accordingly, to satisfy the exhaustion 

requirement, grievances generally need only be sufficient to “alert[ ] the prison to the 

nature of the wrong for which redress is sought.” Strong v. David, 297 F.3d 646, 650

(7th Cir. 2002). “In order to exhaust their remedies, prisoners need not file multiple, 

successive grievances raising the same issue (such as prison conditions or policies) if the 

objectionable condition is continuing.” Turley v. Rednour, 729 F.3d 645, 650 (7th Cir. 

2013) (collecting cases). “Thus, once a prison has received notice of, and an opportunity 

to correct, a problem, the prisoner has satisfied the purpose of the exhaustion 

requirement.” Id. 

With Wilcox already having objected to the prison’s discontinuation of the 

Rastafarian services, the purpose of the exhaustion requirement had been served and 

nothing more from Wilcox was required prior to filing suit. See Johnson v. Killian, 680 

F.3d 234, 238-39 (2d Cir. 2012) (Muslim prisoner grieved the inadequacy of the spaces 

and times the prison allotted for congregational prayer, and the restrictions were then 

relaxed before being reinstated in 2007; holding that when prisoner sued without filing 

another grievance, he nonetheless satisfied the exhaustion requirements).
9

a person’s religious exercise when they “put[] substantial pressure on an adherent to 

modify his behavior and to violate his beliefs.” See id. When deciding whether the 

prison’s practice substantially burdens a religious exercise, “courts must not judge the 

significance of the particular belief or practice in question.” Lovelace v. Lee, 472 F.3d 

174, 187 n.2 (4th Cir. 2006). 

1.

Wilcox alleged that the prison’s continued refusal to allow the Rastafarian group 

service deprived him “of a reasonable opportunity to worship according to [his] 

Rastafarian . . . beliefs.” J.A. 4. Defendants initially contend that Wilcox’s complaint 

fails to satisfactorily allege a substantial burden because it did not specifically allege that 

the group services were a required component of his observation of the Sabbath. 

However, we conclude that the complaint, construed liberally, alleged exactly that.5

 

Additionally, Defendants contend that Wilcox did not adequately allege a substantial 

burden on his religious practice because his complaint did not explain why his beliefs 

required him to participate in the group service. But Defendants point to no case in 

which the court held that a plaintiff is required to plead the theological underpinnings of 

his religion’s requirements. At the pleadings stage, the allegation that Wilcox’s beliefs 

required him to attend the group service was sufficient. Cf. Jehovah, 798 F.3d at 173-74, 

 5 The district court noted that nothing prevented Wilcox from praying 

privately or attending a worship service for a religion other than Rastafarianism. Even 

assuming that is factually true, it is beside the point since it was Wilcox’s inability to 

participate in the group Rastafarian service that he alleged was denying him the 

opportunity to worship according to his beliefs.
10

179 (accepting at pleadings stage that plaintiff’s religion required him to abstain from

work from Friday at sundown to Monday at sunrise). 

The district court observed that Wilcox “could have applied in accordance with 

[North Carolina Department of Public Safety policies and procedures] to the Chaplaincy 

Service Central Office to seek a recommendation and authorization to personally provide 

‘leadership for non-Christian faith groups.’” J.A. 30 (quoting North Carolina Department 

of Public Safety Prisons Policy & Procedure Manual, Chapter H, § .0107). But, as 

Wilcox points out, this observation is of no help to Defendants. First of all, nothing in 

the complaint indicates that Wilcox had not applied for the position, and even assuming

he had not applied, nothing indicates that Wilcox was qualified to serve in that position. 

And, in any event, nothing in his complaint indicates that Wilcox’s acceptance of a 

leadership position would have resulted in resumption of the Rastafarian services. In fact 

the complaint specifically alleged that prison officials refused to restart the Rastafarian 

services even after Chaplain Menhinick was hired. 

For all of these reasons, we conclude that Wilcox’s pro se complaint sufficiently 

alleged that Defendants’ refusal to allow the group Rastafarian service substantially 

burdened his religious practice.

2.

Even when a prison policy substantially burdens a prisoner’s religious practice, the 

policy will not violate the First Amendment if the government can demonstrate that the 

policy is reasonably related to the achievement of a legitimate penological objective. See

Turner v. Safley, 482 U.S. 78, 89 (1987). The Supreme Court in Turner set forth a four-
11

factor reasonableness inquiry for determining whether a prison policy that substantially 

burdens the exercise of religion is nevertheless lawful under the First Amendment. These 

factors are: (1) whether the governmental objective put forward to justify the regulations 

at issue is legitimate and neutral, and whether the regulations are rationally related to that 

objective; (2) “whether there are alternative means of exercising the right that remain 

open to prison inmates”; (3) what “impact accommodation of the asserted constitutional 

right will have on guards and other inmates, and on the allocation of prison resources”; 

and (4) whether there are ready alternatives to the prison regulation. Id. at 89-90.

Defendants argue that even if Wilcox successfully alleged a substantial burden on 

his religious practice, the Turner factors demonstrate that the policy is reasonably related 

to the achievement of a legitimate penological objective. But such a conclusion at this 

stage of the proceedings would plainly be premature. Defendants have not yet even 

identified a penological objective that they contend justified their failure to resume the 

Rastafarian services during the entirety of the challenged period, and it is not the courts’ 

role to simply invent possible objectives that Defendants have not even claimed were the 

basis for their policy. See Lovelace, 472 F.3d at 200 n.9. 

3.

Defendants also note that under 42 U.S.C. § 1997e(e), “[n]o Federal civil action 

may be brought by a prisoner confined in a jail, prison, or other correctional facility, for 

mental or emotional injury suffered while in custody without a prior showing of physical 

injury or the commission of a sexual act.” 42 U.S.C. § 1997e(e) (emphasis added). 

Defendants appear to suggest that this statute provides a basis for affirming the dismissal 
12

of Wilcox’s claims because the only relief he has requested is “compensatory damages –

not nominal or punitive damages.” Brief of Defendants-Appellees at 17 n.8. Defendant’s 

factual premise is incorrect, however. Wilcox’s complaint requests damages generally 

without specifying any particular type. As such it encompasses a request for nominal 

damages. See Insurance Servs. of Beaufort, Inc. v. Aetna Cas. & Sur. Co., 966 F.2d 847, 

853 (4th Cir. 1992) (“An averment of general damages is sufficient to state a claim for 

nominal damages.”); see also Royal v. Kautzky, 375 F.3d 720, 723 (8th Cir. 2004) 

(holding that even if § 1997e(e) barred plaintiff from recovering compensatory damages 

on his First Amendment claim for mental or emotional injury, that statute would not bar 

him from recovering nominal damages if he proved his rights were violated). Moreover, 

even to the extent that § 1997e(e) would prevent Wilcox from recovering compensatory 

damages “for mental or emotional injury,” it would not preclude him from recovering 

compensatory damages for non-mental and non-emotional injury. While several circuits 

“conclude that First Amendment claims that do not allege physical injury necessarily 

allege compensable injury only in the form of mental or emotional harms,” others 

recognize that “deprivations of First Amendment rights entitle a plaintiff to judicial relief 

wholly aside from” any physical, mental, or emotional injury. King v. Zamiara, 788 F.3d 

207, 212 (6th Cir. 2015) (collecting cases) (alterations and internal quotation marks 

omitted). Although we have not addressed the issue in the context of § 1997e(e), our 

precedent places us squarely in the latter camp, so that § 1997e(e) does not foreclose the 

possibility that Wilcox may prove entitlement to compensatory damages. See Piver v. 

Pender Cty. Bd. of Educ., 835 F.2d 1076, 1082 (4th Cir. 1987) (holding that an “injury to 
13

a protected first amendment interest can itself constitute compensable injury wholly apart 

from any emotional distress, humiliation and personal indignity, emotional pain, 

embarrassment, fear, anxiety and anguish suffered by plaintiffs” (emphasis added) 

(internal quotation marks omitted)).

C.

Wilcox next argues that the district court erred in concluding that his complaint 

failed to state a claim against Chaplain Menhinick insofar as the only action he allegedly 

took was to inform Wilcox of Terrell’s decision not to open the Rastafarian service. We 

disagree. 

Section 1983 provides for liability on “[e]very person who, under color of [state 

law], subjects, or causes to be subjected, any citizen of the United States . . . to the 

deprivation of any rights, privileges, or immunities secured by the Constitution and 

laws.” 42 U.S.C. § 1983 (emphasis added)). “Although § 1983 must be read against the 

background of tort liability that makes a man responsible for the natural consequences of 

his actions, liability will only lie where it is affirmatively shown that the official charged 

acted personally in the deprivation of the plaintiffs’ rights.” Vinnedge v. Gibbs, 550 F.2d 

926, 928 (4th Cir. 1977) (citation, alteration, and internal quotation marks omitted). “The 

doctrine of respondeat superior has no application under this section.” Id. (internal 

quotation marks omitted); see Swint v. City of Wadley, 51 F.3d 988, 999 (11th Cir. 1995)

(explaining that 42 U.S.C. § 1983 “require[s] proof of an affirmative causal connection 

between the official’s acts or omissions and the alleged constitutional deprivation”).
14

Wilcox did not allege involvement by Menhinick necessary to impose liability. 

The initial discontinuation of the services occurred before Menhinick was hired. And it 

was Terrell who decided that the services would not resume even after Menhinick was 

hired. That Menhinick informed Wilcox of Terrell’s decision is not sufficient to create 

liability on the part of Menhinick. We therefore affirm the dismissal as to Menhinick.6

III.

In sum, for the foregoing reasons, we hold that the district court erred in 

dismissing Wilcox’s complaint, except to the extent that the court dismissed as to 

Menhinick for failure to state a claim. We therefore reverse the dismissal of Wilcox’s 

complaint, except as to Menhinick, and we remand to the district court for further 

proceedings.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED

 6 Defendants also challenge the sufficiency of the allegations against Brown

and Teague. The district court has not yet addressed this issue, and we decline to address 

it at this time.