Rodney Douglas Eaves, a Colorado state prisoner, filed a lawsuit challenging the conditions of confinement at the Bent County Correctional Facility. He alleged that the state violated his rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA) by denying him access to sacred items, preventing him from spiritually cleansing his cell, confiscating firewood for religious ceremonies, and restricting access to faith grounds. Eaves sued 18 defendants, including Governor Jared Polis, in both their official and individual capacities. The Governor moved to dismiss the official-capacity claims, arguing that the Eleventh Amendment granted him immunity because he had no direct involvement in the specific policies at the facility. During the appeal, the Department of Corrections transferred Eaves to the Sterling Correctional Facility, prompting the Governor to argue that the transfer had rendered the case moot. The district court had previously denied the Governor's motion to dismiss, leading to this appeal.
The Tenth Circuit addressed two primary issues: mootness and sovereign immunity. First, the court analyzed whether Eaves's transfer to a new facility mooted his claims for injunctive relief. Citing Morganroth & Morganroth v. DeLorean, the court held that it could consider an affidavit submitted by the plaintiff regarding his current conditions at the new facility. The court distinguished this case from Bacote v. Fed. Bureau of Prisons, where a transfer rendered claims moot because the specific policy at the old facility did not apply to the new one. Here, Eaves's affidavit confirmed that the same alleged unconstitutional conditions persisted at the Sterling Correctional Facility. Because there was a 'cognizable danger of recurrent violation,' the court found the case was not constitutionally or prudentially moot. Second, the court addressed the Governor's Eleventh Amendment immunity. Under the Ex Parte Young exception, a state official can be sued for prospective relief if they have a connection to the enforcement of the challenged law. The court looked to Colorado state law, specifically the decision in Raven v. Polis, which established that the Governor has 'final authority' to order the executive director of the Department of Corrections to commence or cease any action. The court reasoned that this statutory and judicial recognition of the Governor's control over the Department satisfied the requirement that he have the power to enforce the regulations. Furthermore, the factual allegations in the complaint showed the Governor had demonstrated a willingness to exercise this power by issuing memoranda and revising policies. Therefore, the Governor was not entitled to immunity.
The decision affirms that state governors in Colorado can be sued in their official capacity for injunctive relief regarding Department of Corrections policies if they possess final authority over the agency. It clarifies that a prisoner's transfer to a new facility does not automatically moot claims for injunctive relief if the underlying policy violations persist. The case is remanded to the district court for further proceedings on the merits of Eaves's religious freedom claims.
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