5:25-cv-00055•SMITH v. COMERFORD
Testo completo
Page 1 of 17 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION CORNELL SMITH, Plaintiff, v. Case No. 5:25-cv-55-MW-MJF RICHARD COMERFORD,1 Defendant. / REPORT AND RECOMMENDATION In this § 1983 action, Plaintiff Cornell Smith, a Florida prisoner, sues the Secretary of the Florida Department of Corrections (“FDC”). Smith alleges that the FDC’s refusal to grant him a religious exemption to its beard grooming policy violates the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”). Defendant moves to dismiss this civil action on three grounds: (1) Smith failed to exhaust his administrative remedies; (2) 1 On July 1, 2026, Florida Governor Ron DeSantis appointed Richard Comerford as the Secretary of the Florida Department of Corrections. Because Plaintiff sues the former FDC Secretary Ricky Dixon only in his official capacity, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Comerford automatically is substituted as the Defendant. Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 1 of 17
Page 2 of 17 Smith fails to allege a violation of the First Amendment; and (3) Smith fails to allege a violation of the Fourteenth Amendment. Doc. 37. Smith opposes the motion. Doc. 44. On March 3, 2026, the undersigned recommended that the District Court grant Defendant’s motion in part and deny the motion in part. Doc. 46. Specifically, the undersigned found that although Smith exhausted his administrative remedies, Smith failed to state a claim under the First and Fourteenth Amendments. Thus, the undersigned recommended that the District Court allow the case to proceed only on Smith’s RLUIPA claim. On March 17, 2026, Defendant filed objections to the report and recommendation. Doc. 49. On April 2, 2026, the District Court rejected the report and recommendation and referred the objections to the undersigned for consideration. Doc. 52. Having considered Defendant’s objections, the undersigned’s analysis remains unchanged. The undersigned recommends that the District Court grant in part and deny in part Defendant’s motion. BACKGROUND The FDC’s rule on beard grooming states: “All inmates shall elect either to be clean shaven or to grow and maintain a half-inch beard. Such Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 2 of 17
Page 3 of 17 a beard shall include all the hair that grows naturally on the face and front of the neck, excluding eyebrows and eyelashes.” Fla. Admin. Code Ann. r. 33-602.101 (“grooming policy”) (2018). “[R]eligious beliefs do not justify violation of Department or institutional rules and regulations.” Fla. Admin. Code r. 33-503.001(2)(c)2. Smith is a Muslim. Doc. 13 at 7. A tenet of Smith’s Islamic faith is that “it is mandatory for all able Muslims to grow a beard unrestricted with the exception of trimming their mustache.” Id. On October 11, 2024, a prison official ordered Smith to shave his beard in compliance with the grooming policy. Id. Smith sought relief through the FDC’s grievance process. Smith’s informal grievance was denied. Id. Smith then filed a formal grievance seeking a religious accommodation or a permanent pass exempting Smith from the beard grooming policy. Smith’s formal grievance was denied. Id. at 7–8. Smith appealed to the Office of the Secretary on November 4, 2024, but did not receive a response. Id. at 8. Smith claims that the FDC’s refusal to exempt Smith from the beard grooming policy violates Smith’s rights under RLUIPA and the First and Fourteenth Amendments. Smith sues Defendant in his official Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 3 of 17
Page 4 of 17 capacity and seeks declaratory and injunctive relief that prevents prison officials from applying the grooming rule to him. Id. at 9. D ISCUSSION A. Defendant Fails to Demonstrate that Smith Failed to Exhaust the Administrative Remedies Defendant alleges that Smith failed to exhaust his administrative remedies because, although Smith complied with the three steps of the FDC’s grievance process, Smith could have—and should have—asked the FDC to “amend or repeal and replace” its grooming policy by filing a Petition to Initiate Rulemaking (“PIRM”) under Fla. Stat. § 120.54(7). Defendant argues that a PIRM was required by the FDC’s Inmate Orientation Handbook and Fla. Admin. Code r. 33-103.001(6). Doc. 37 at 2–3, 4–14. Smith responds that under the Eleventh Circuit’s Sims decision, the PLRA requires only that prisoners seeking a religious exemption from the grooming policy exhaust the internal prison grievance procedure. Doc. 44 (citing Sims v. Sec’y, Fla. Dep’t of Corr., 75 F.4th 1224, 1230–31 (11th Cir. 2023). Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 4 of 17
Page 5 of 17 1. The PLRA’s Exhaustion Requirement The Prison Litigation Reform Act (“PLRA”) provides that: “No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). This exhaustion requirement applies to all inmate suits that concern prison life. See Porter v. Nussle, 534 U.S. 516, 524 (2002). “[F]ailure to exhaust is an affirmative defense under the PLRA.” Jones v. Bock, 549 U.S. 199, 216 (2007). “[I]nmates are not required to specially plead or demonstrate exhaustion in their complaints.” Id. at 216. “[P]roper exhaustion of administrative remedies . . . means using all steps that the agency holds out, and doing so properly (so that the agency addresses the issues on the merits).” Woodford v. Ngo, 548 U.S. 81, 90 (2006) (emphasis in original) (internal quotation marks and citation omitted). “To determine ‘proper exhaustion’ in prisoner civil rights actions, courts must look to the requirements of the ‘prison grievance system.’” Gipson v. Renninger, 750 F. App’x 948, 951 (11th Cir. 2018) (quoting Woodford, 548 U.S. at 95). In other words, courts “look to Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 5 of 17
Page 6 of 17 the requirements of the applicable prison grievance system to determine the boundaries of proper exhaustion.” Sims, 75 F.4th at 1230. Generally, the FDC’s administrative remedy program requires an inmate to begin the grievance process by submitting an informal grievance to the designated staff member, who forwards the informal grievance to the staff member responsible in the particular area of the problem. Fla. Admin. Code r. 33-103.005. “If that fails, the prisoner files a formal grievance with the institution’s warden or assistant warden.” Sims, 75 F.4th at 1230 (citing Fla. Admin. Code r. 33-103.006(1)). If the inmate is dissatisfied with the response to the formal grievance, he may file an appeal to the Office of the Secretary. Sims, 75 F.4th at 1230 (citing Fla. Admin. Code r. 33-103.007(1)). 2. The Framework for Evaluating an Exhaustion Defense A failure to exhaust administrative remedies is an affirmative defense that the defendant bears the burden of proving. Jones, 549 U.S. at 216; Turner v. Burnside, 541 F.3d 1077, 1082 (11th Cir. 2008). Addressing a motion to dismiss for failure to exhaust involves two steps. Turner, 541 F.3d at 1082. First, the court looks to the factual allegations in the defendant’s motion, and those in the plaintiff’s response. See id. at 1082. If they Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 6 of 17
Page 7 of 17 conflict, the court accepts the plaintiff’s version of the facts as true. “If, in that light, the defendant is entitled to have the complaint dismissed for failure to exhaust administrative remedies, it must be dismissed.” Id. at 1082. If the complaint is not subject to dismissal at the first step—where the plaintiff’s allegations are assumed to be true—“the court proceeds to make specific findings in order to resolve the disputed factual issues related to exhaustion.” Turner, 541 F.3d at 1082 (citing Bryant v. Rich, 530 F.3d 1368, 1373–74, 1376 (11th Cir. 2008)). Upon making findings on the disputed issues of fact, the court then decides whether, under those findings, the plaintiff has exhausted his available administrative remedies. “A district court may properly consider facts outside of the pleadings to resolve a factual dispute regarding exhaustion where the factual dispute does not decide the merits and the parties have a sufficient opportunity to develop the record.” Singleton v. Dep’t of Corr., 323 F. App’x 783, 785 (11th Cir. 2009) (citing Bryant, 530 F.3d at 1376)). 3. Application of the Turner Procedure The parties agree that Smith filed an informal grievance, a formal grievance, and an appeal to the Secretary. Doc. 37 at 7–8; Doc. 37-1, Ex. A; Doc. 44. Defendant does not dispute that those three steps are Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 7 of 17
Page 8 of 17 typically sufficient for complete exhaustion. See Fla. Admin. Code r. 33- 103.001. Defendant argues, however, that Smith’s request triggered another requirement: that he separately petition to initiate rulemaking to “amend” the grooming policy by filing a PIRM. Doc. 37 at 8–14. The Eleventh Circuit previously concluded that “Florida’s grievance procedures do not require that a prisoner file a Petition to Initiate Rulemaking. Florida’s process instead requires just three things: an informal grievance, a formal grievance, and an appeal to the Secretary.” Sims, 75 F.4th at 1231. Sims noted that neither the Florida Administrative Code nor the Inmate Orientation Handbook referenced a PIRM. Id. at 1230–31. It bears noting that the FDC updated both after Sims. On May 28, 2024, the FDC amended its rules to state that, “[i]f an inmate is requesting that the Department adopt, amend, or repeal a rule, the inmate must file a Petition to Initiate Rulemaking in addition to utilizing the [three-step] grievance process in Chapter 33-103, F.A.C.” Fla. Admin. Code r. 33-103.001(6); see also Fla. Stat. § 120.54(7)(a) (“Any person regulated by an agency or having substantial interest in an agency rule may petition an agency to adopt, amend, or repeal a rule[.]”). Even before the amendment became effective, the FDC’s inmate Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 8 of 17
Page 9 of 17 handbook dated 2023 stated: “If you wish to request that the Department adopt, amend, or repeal a rule, you must also file a Petition to Initiate Rulemaking.” Doc. 37-2, Ex. B. Smith filed his grievances in fall 2024, shortly after Fla. Admin. Code r. 33-103.001(6) became effective. See Doc. 37-1, Ex. A. Thus, Defendant argues that Smith failed to exhaust his administrative remedies because he never filed a PIRM asking the FDC to amend its rule. Even assuming the PIRM is sometimes part of the grievance process, it was not required for Smith in this case. As two judges in the Northern District of Florida have explained, “[t]he petition requirement is a conditional one.” Yo’Seph v. Dixon, No. 1:24-cv-137-AW-ZCB, ECF No. 57 at 4 (N.D. Fla. Sept. 30, 2025) (copy at Doc. 37-4, Ex. D); Davis v. Dixon, No. 1:24-cv-145-MCR-HTC, 2025 WL 1214237, at *1, 4 (N.D. Fla. Feb. 6, 2025), report and recommendation adopted, 2025 WL 1207985 (N.D. Fla. Apr. 25, 2025). The plain language of the PIRM amendment required a PIRM only “if” Smith were “requesting that the Department adopt, amend, or repeal a rule.” Fla. Admin. Code r. 33-103.001(6). Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 9 of 17
Page 10 of 17 Neither Smith’s amended complaint, nor his 2024 grievances ever asked the FDC to adopt, amend, or repeal the grooming policy/rule. Instead, Smith simply asked to “be exempt” from the grooming rule due to his religious beliefs. Doc. 37-1, Ex. A at 3. Because FDC rules specify that an inmate is subject to the PIRM requirement only when he asks the FDC to amend its rules, and Smith made no such request, he was not required to file a PIRM. See Young v. Grand Canyon Univ., Inc., 980 F.3d 814, 818 (11th Cir. 2020) (“We construe regulations ‘in much the same way we interpret statutes,’ so we start with the text—and, if we find it clear, we end there as well.”) (citation omitted). To be clear, Smith has never sought—nor does he presently seek—to change the FDC’s grooming policy. Smith merely seeks a religious exemption from that policy. Several district courts have rejected Defendant’s argument that an inmate’s request for an exemption to a rule is effectively a request to amend the rule.2 Those courts, consistent with the analysis above, have 2 The undersigned located only one case that suggested filing a PIRM was a required component of administrative exhaustion. However, even that court found the inmate had to file a PIRM only if he directly sought to amend the FDC rule regarding inmate property. See Smith v. Conner, 2014 WL 299099, *4 n.6 (M.D. Fla. Jan. 28, 2014). Furthermore, the discussion of exhaustion in the case, which came entirely in a footnote, is Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 10 of 17
Page 11 of 17 focused on the specific request made by the inmate and concluded a request for an exemption does not equate to a request for a rule change. See Yo’Seph v. Dixon, No. 1:24-cv-137-AW-ZCB, ECF No. 75 at 2 (N.D. Fla. Dec. 16, 2025); id., ECF No. 57 at 4–6 (N.D. Fla. Sept. 30, 2025); Davis, 2025 WL 1214237, at *4 (N.D. Fla. Feb. 6, 2025), report and recommendation adopted, 2025 WL 1207985, at *1 (N.D. Fla. Apr. 25, 2025); see also Evans v. Dixon, 2024 WL 4504157, at *3 (M.D. Fla. Oct. 16, 2024); Denson v. Dixon, 2023 WL 5200482, at *6 (M.D. Fla. Aug. 14, 2023); Cook v. Jones, 2019 WL 6868982, at *3 (N.D. Fla. Nov. 22, 2019), report and recommendation adopted, 2019 WL 6841976 (N.D. Fla. Dec. 16, 2019). Yo’Seph and Davis were decided on identical facts. Although cases like Evans and Denson were decided before the PIRM amendment took effect, they nonetheless remain persuasive because the rationale for those decisions was not simply that the PIRM provision was absent from dicta because the court granted summary judgment in favor of the defendants on the merits of the inmate’s conditions of confinement claims. Regardless, the Eleventh Circuit's later decision in Sims v. Sec’y, Fla. Dep’t of Corr., 75 F.4th 1224 (11th Cir. 2023), is inconsistent with that footnote. Thus, Smith offers no support for Defendant’s argument. Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 11 of 17
Page 12 of 17 the FDC’s rules; instead, the courts found that an inmate’s request for an exemption to a rule is not a request to amend the rule. Defendant insists that Smith must seek a rule change under Fla. Stat. § 120.54(7), “because no other statutory remedy is available to Plaintiff under the Florida Administrative Procedures Act (“Florida APA”) which would allow for the relief he seeks.” Doc. 37 at 9–10, 11. For the reasons outlined above, however, the absence of relief in the administrative process does not transform the nature of Smith’s request or the relief sought, and Sims does not suggest otherwise. See Yo’Seph, No. 1:24-cv-137, ECF No. 57 at 6 n.2 (copy at Doc. 37-4, Ex. D); Id., ECF No. 75 at 2–3; Davis, 2025 WL 1214237, at *5. 4. Defendant’s Objections to the Initial Report and Recommendation Defendant’s objections to the initial report and recommendation generally just rehashed the arguments the undersigned previously considered when evaluating Defendant’s motion to dismiss. Docs. 37, 49. Defendant again argues that the report and recommendation errs in finding that the requirement to file a PIRM does not apply to Smith. Doc. 49 at 4. But in his motion to dismiss, Defendant conceded that filing a PIRM was “an additional remedy.” Doc. 37 at 8. Defendant also conceded Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 12 of 17
Page 13 of 17 that the filing of a PIRM was distinct from a request for an exemption, stating: Plaintiff can utilize a PRIM [sic] to make a request for section 33-602.101(4) of the Florida Administrative Code to be repealed and replaced entirely or amended to allow for religious exemptions; however, Plaintiff has not availed himself of the remedy even though the Florida Administrative Code requires that he do so. § 33-103.001(6) Fla. Admin. Code. Doc. 37 at 10. As discussed above, the FDC has presented its PIRM argument in at least two cases with nearly identical facts. Both district courts rejected the argument. For example, in Yo’Seph, Judge Allen Winsor rejected the FDC’s argument and explained: Despite that, the Department says he did trigger the requirement and needed to file a petition. First, it says exemptions are not available under state law. ECF No. 70 at 4-5. But Yo’Seph can seek relief even if the administrative process does not offer what he seeks; state limitations do not dictate. Cf. Booth v. Churner, 532 U.S. 731, 740-41 (2001). Second, the Department says the Petition to Initiate Rulemaking is available to him and could have provided relief, so he should have pursued it. ECF No. 70 at 6. But to exhaust, Yo’Seph only needed to comply with the grievance process itself. Sims, 75 F.4th at 1230. As outlined above, he did what was required of him. Cf. Trevari v. Robert A. Deyton Det. Ctr., 729 F. App’x 748, 752 (11th Cir. 2018) (“Proper exhaustion generally does not require that a prisoner resort to optional administrative procedures to address prison conditions.”). Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 13 of 17
Page 14 of 17 Yo’Seph, No. 1:24-cv-137, ECF 75 at 2–3. Judge Winsor’s reasoning is equally applicable in this matter. Plaintiff is required to comply only with the grievance process itself, which he did. Requiring Plaintiff to pursue an additional remedy which is both optional and conditional would violate the standard set forth in Trevari, 729 F. App’x at 752. B. Smith Fails to State a First-Amendment Claim “A state actor violates a prisoner’s First Amendment rights under the Free Exercise Clause by imposing a substantial burden on his practice of religion.” Mays v. Joseph, 2022 WL 18981, at *2 (11th Cir. Jan. 3, 2022) (citing Church of Scientology Flag Serv. Org., Inc. v. City of Clearwater, 2 F.3d 1514, 1549 (11th Cir. 1993)). A free-exercise-of- religion claim “must allege that the government has impermissibly burdened the plaintiff’s sincerely held beliefs.” Id. (citing Watts v. Fla. Int’l Univ., 495 F.3d 1289, 1294 (11th Cir. 2007)). A prison regulation burdening free exercise rights is valid if it is “reasonably related to legitimate penological interests.” Turner v. Safley, 482 U.S. 78, 89 (1987). The Eleventh Circuit “has squarely held that grooming policies serve a legitimate penological interest and are not violative of inmates’ First Amendment rights to religious expression.” Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 14 of 17
Page 15 of 17 Mays, 2022 WL 18981, at *2; see Harris v. Chapman, 97 F.3d 499, 504 (11th Cir. 1996) (upholding a prison prohibition on long hair and beards as furthering the compelling governmental interest of maintaining security); Solomon v. Zant, 888 F.2d 1579, 1582 (11th Cir. 1989) (upholding a “no-beard” policy because the government had a legitimate penological interest in safety). Here, Smith alleges very few facts in support of his First- Amendment claim. Smith’s amended complaint alleges nothing about prison conditions, the policy’s rationale, or whether there are reasonable alternatives to limiting beards. Accordingly, Smith has failed to allege sufficient facts to state a claim upon which relief can be granted. See, e.g., Mays, 2022 WL 18981, at *2; McWilliams v. Dixon, 2024 WL 2193988, at *3 (S.D. Fla. Apr. 26, 2024); Sultan v. Dixon, 2024 WL 901555, at *1–2 (M.D. Fla. Jan. 29, 2024). C. Smith Fails to State an Equal-Protection Claim Smith alleges that Defendant violated the Equal Protection Clause because “other Muslims are being religiously accommodated in growing their beards unrestricted.” Doc. 13 at 9. To state an Equal-Protection claim, a prisoner must allege that “(1) ‘he is similarly situated with other prisoners who received’ more Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 15 of 17
Page 16 of 17 favorable treatment; and (2) his discriminatory treatment was based on some constitutionally protected interest such as race.” Jones v. Ray, 279 F.3d 944, 946–47 (11th Cir. 2001) (quoting Damiano v. Fla. Parole & Prob. Comm’n, 785 F.2d 929, 932–33 (11th Cir. 1986)). Smith alleges no discriminatory motive other than to simply state that his Equal- Protection rights were violated. That is insufficient to state a claim under the Equal Protection Clause. See Jones, 279 F.3d at 947. CONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. GRANT IN PART and DENY IN PART Defendant’s motion to dismiss, Doc. 37, as follows: a. GRANT Defendant’s motion to the extent Defendant argues that Plaintiff’s allegations fail to state a claim under the First and Fourteenth Amendments. b. DENY Defendant’s motion to the extent Defendant argues that Plaintiff failed to exhaust administrative remedies. 2. DISMISS Plaintiff’s First-Amendment claim and Fourteenth-Amendment claim for failure to state a claim on which relief can be granted. Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 16 of 17
Page 17 of 17 3. RETURN this case to the undersigned to address Plaintiff’s RLUIPA claim. At Pensacola, Florida, this 6th day of August 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to make recommendations regarding dispositive matters. See 28 U.S.C. § 636(b)(1)(B), (C). Objections to this report and recommendation must be filed within fourteen days of the date of the report and recommendation. A party must serve a copy of any objections on all other parties. A party who fails to object to this report and recommendation waives the right to challenge on appeal the District Court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1; 28 U.S.C. § 636. Case 5:25-cv-00055-MW-MJF Document 55 Filed 08/06/26 Page 17 of 17
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