Opinion

Ammon Sumrall v. Georgia Department of Corrections

Court
Court of Appeals for the Eleventh Circuit
Filed
Sep 9, 2025
Status
Published
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 39.2%

The opinion

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FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 23-11783

____________________

AMMON RA SUMRALL,

Plaintiff-Appellant,

versus

GEORGIA DEPARTMENT OF CORRECTIONS,

WARDEN WILCOX STATE PRISON,

DEPUTY WARDEN TONYA ASHLEY,

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Middle District of Georgia

D.C. Docket No. 5:21-cv-00187-MTT-MSH

____________________

Before WILLIAM PRYOR, Chief Judge, and GRANT and KIDD, Circuit

Judges.

GRANT, Circuit Judge:

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2 Opinion of the Court 23-11783

Ammon Ra Sumrall, an inmate at Wilcox State Prison in

Abbeville, Georgia, says he practices veganism as part of his

religious commitment to the Egyptian sun god—“Ammon Ra”—

whose name he also adopted. When Sumrall became a vegan in

2007, he enrolled in the Alternative Entrée Program, an opt-in

vegan meal plan. But prison officials removed him after they

discovered that he had purchased large quantities of non-vegan

food from the prison store—Cheetos, chili, chicken soup, and the

like. Although he was soon reenrolled, he sued for alleged

violations of the First, Eighth, and Fourteenth Amendments, as

well as the Religious Land Use and Institutionalized Persons Act

(RLUIPA). The district court granted summary judgment for the

defendants on his constitutional claims and three of his RLUIPA

claims, and dismissed the remaining RLUIPA claim as moot.

Seeing no error, we affirm.

I.

Sumrall, a black male, has been incarcerated in Georgia’s

prison system since the early 1990s, serving a life sentence for

felony murder, armed robbery, aggravated assault, burglary,

impersonating a peace officer, and possession of a firearm during a

crime. Sumrall worships the Egyptian sun god and believes it is

“inherently wrong to kill animals for clothing and to satisfy human

appetite.” He observes a vegan diet because of “his overall belief

that God made humans to protect the earth and all animals.”

Sumrall first became a vegetarian in the late 1990s. Because

the Georgia Department of Corrections did not offer vegan or

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vegetarian meals at that time, Sumrall gave away the non-

vegetarian food on his tray or traded it for “fruit, vegetables or

bread.” In 2007, Sumrall “heard the word vegan” for the first time

and elevated his diet to veganism. Around the same time, the

Department implemented an “Alternative Entrée Program” (AEP)

to accommodate inmates’ religious diets, and Sumrall enrolled

after converting to veganism.

For the next twelve years, all went smoothly. But in August

2019, while housed at Wilcox State Prison, Sumrall filed a

grievance “about Food Service workers not giving vegans food that

they should have received.” The grievance did not lead to

Sumrall’s desired result—in fact, quite the opposite. After Warden

Artis Singleton investigated, he removed Sumrall from the AEP

because he had “violated the vegan meal requirements” by

purchasing non-vegan food from the prison store. But at that time,

purchases of non-vegan items were not formal grounds for

removal from the AEP, so Sumrall was placed back on the list a few

days later.

Almost a year later, in July 2020, Sumrall and several other

prisoners were again removed from the AEP for purchasing non-

vegan food from the prison store. These removals followed

complaints from “a few prisoners” that the vegan meals they were

offered were “inadequate.” Sumrall’s purchase records between

May 2020 and July 2020 confirm that a large portion of his weekly

purchases were for non-vegan foods like chicken soup, chili,

Cheetos, cheese crackers, cinnamon rolls, iced honey buns, and

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chocolate covered candy bars. Sumrall claims that he bought these

items to sell to other prisoners. And he testified that, had he known

he would be removed from the AEP for buying (and selling) non-

vegan food, he would have stopped. Still, the Department’s official

policy did not yet include non-vegan purchases as a basis for

dismissal from the AEP. The Department did not revise the policy

to include that until October 2020—more than two months after

Sumrall was removed from the AEP for the second time.

Sumrall also alleged that only black inmates were removed

from the AEP in July 2020. His white roommate, Michael Cwikla,

testified that he remained enrolled despite having purchased non-

vegan food from the prison store, and provided an August 19, 2020,

receipt showing non-vegan purchases to back up his claim.

Another inmate, James America, said that he and other black

prisoners were removed from the list for buying non-vegan food,

while white prisoners were not. But America provided no

evidence beyond his own statements, which prison officials

dispute. Deputy Warden Ashley, for instance, testified that the

inmates removed from the AEP in July 2020 belonged “to a

number of racial groups, including White, Black, and Hispanic.”

Sumrall added that his removal from the AEP led to various

medical difficulties. In the fall of 2020, he made two medical

complaints: one for fatigue and another for “pain in his back,

stomach, and other parts of his body.” The first yielded a

prescription for Vitamin D pills. And the second led to a diagnosis

of arthritis and bone weakness; the prescribed treatment was

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Ibuprofen. Sumrall does not dispute that he contracted Covid-19

in August 2020—“before the onset of any of those symptoms that

he attributes to malnutrition.” But he argues that even if his

symptoms stemmed from Covid, his removal from the AEP

“hampered his ability to fight” the virus.

Less than two months after Sumrall’s second removal from

the AEP, he submitted a “Special Religious Request,” asking for

(1) vegan meals, (2) permission to order vegan athletic shoes,

(3) permission to receive an ankh (a pendant in the shape of a

religious symbol), and (4) the sale of vegan food at the prison store.

Although these requests were denied, he was placed back on the

AEP on October 19, 2020, less than three months after he was

removed. He has remained on the program since.

In 2021, Sumrall sued Singleton and Ashley under 42 U.S.C.

§ 1983, claiming that his removal from the AEP violated his First

and Eighth Amendment rights by denying him the vegan meals

that were consistent with his religious beliefs and depriving him of

nutritionally adequate vegan meals. He also alleged that the

removal violated the Fourteenth Amendment’s guarantees of

equal protection and due process. Finally, he sued the Georgia

Department of Corrections under RLUIPA for denying his “Special

Religious Request.”1

1 Sumrall also alleged intentional infliction of emotional distress under

Georgia state law, but he does not challenge the district court’s ruling on this

claim.

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The parties cross-moved for summary judgment. The

district court granted summary judgment to Singleton and Ashley

on the § 1983 claims for various reasons. Two were decided on

qualified immunity grounds: the court determined that existing

law did not clearly establish that Sumrall’s removal from the AEP

violated either his First Amendment or due process rights. As for

the equal protection claim, the court found no violation because

Sumrall did not show “that he was treated differently than any

similarly situated prisoner, nor that Singleton and Ashley possessed

discriminatory intent when they removed him from the AEP.”

And the Eighth Amendment claim failed because the non-vegan

food Sumrall was given was “nutritionally adequate.”

The district court also disposed of the RLUIPA claims. It

granted summary judgment on the allegations stemming from the

denial of Sumrall’s request for vegan athletic shoes, an ankh, and

the sale of vegan food products at the prison store because none of

those denials substantially burdened his religious rights. In a later

order, the court dismissed the remaining RLUIPA claim—the

denial of vegan meals—as moot because Sumrall had been

reenrolled in the AEP since October 2020. This is Sumrall’s appeal.

II.

We review the district court’s grants of qualified immunity

and summary judgment de novo. Stryker v. City of Homewood, 978

F.3d 769, 773 (11th Cir. 2020); Nehme v. Fla. Int’l Univ. Bd. of Trs.,

121 F.4th 1379, 1383 (11th Cir. 2024). Mootness determinations are

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also reviewed de novo. Smith v. Owens, 848 F.3d 975, 978 (11th Cir.

2017).

III.

Sumrall raises several issues on appeal. He challenges the

district court’s grant of summary judgment to Singleton and Ashley

on his free exercise, due process, equal protection, and Eighth

Amendment claims. He also argues that the district court erred in

granting summary judgment to the Georgia Department of

Corrections on two of his RLUIPA claims and dismissing the

remaining claim as moot.

A.

We begin with the free exercise and due process claims. The

district court granted Singleton and Ashley qualified immunity on

both because Sumrall could not show that his constitutional rights

were clearly established. That was not error.

Qualified immunity “shields public officials from liability for

civil damages insofar as their conduct does not violate clearly

established statutory or constitutional rights of which a reasonable

person would have known.” Stryker, 978 F.3d at 773 (quotation

omitted). To receive qualified immunity, an official must first

prove that he was acting within the scope of his discretionary

authority when the allegedly unlawful conduct took place. Mobley

v. Palm Beach Cnty. Sheriff Dep’t, 783 F.3d 1347, 1352 (11th Cir. 2015).

The burden then shifts to the plaintiff to demonstrate that the

official violated a clearly established constitutional right. See id. at

1352–53. We can consider the two prongs in any order, and the

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8 Opinion of the Court 23-11783

plaintiff must win on both to succeed. Piazza v. Jefferson County, 923

F.3d 947, 951 (11th Cir. 2019).

1.

We first consider whether Singleton and Ashley acted within

their discretionary authority when they removed Sumrall from the

AEP. Sumrall argues that they did not because (at least at that

time) the Department’s policies did not authorize removal for non-

vegan food purchases. But that’s not the test. The correct inquiry

is whether managing a prison’s food program fell within Singleton

and Ashley’s “arsenal of powers” as prison officials. See Carruth v.

Bentley, 942 F.3d 1047, 1055 (11th Cir. 2019) (quotation omitted). It

did. That Singleton and Ashley removed Sumrall for a reason that

was not then authorized by Department policies does not mean

they were acting outside their discretionary authority; managing

the AEP list was a “legitimate job-related function” that was within

their “power to utilize.” See id. at 1054 (quotation omitted).

2.

Because Singleton and Ashley were acting within their

discretionary authority, the burden shifts to Sumrall to show that

the officials violated a clearly established constitutional right. See

Mobley, 783 F.3d at 1352–53. He did not.

Start with the free exercise claim. Sumrall tries to show that

the right he asserts was clearly established based on the “general

principle that prisons must accommodate incarcerated persons’

religious dietary restrictions when their beliefs are truly held,

subject only to legitimate penological limitations.” But for a

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general principle to clearly establish the law, it must be “so clear

that, even without specific guidance from a decision involving

materially similar facts, the unlawfulness of the officer’s conduct is

apparent.” Powell v. Snook, 25 F.4th 912, 920 (11th Cir. 2022). The

“salient question” is whether the law at the time of the incident

gave the official “fair warning that his conduct was unlawful.” Id.

at 921 (quotation omitted).

A free exercise claim requires a showing that the

government has impermissibly burdened a “sincerely held

religious belief[].” Watts v. Fla. Int’l Univ., 495 F.3d 1289, 1294 (11th

Cir. 2007) (quotation omitted). And authorities are not required to

rubber stamp every religious claim: “prison officials may

appropriately question whether a prisoner’s religiosity, asserted as

the basis for a requested accommodation, is authentic.” Cutter v.

Wilkinson, 544 U.S. 709, 725 n.13 (2005). Same goes for the courts.

See Cambridge Christian Sch., Inc. v. Fla. High Sch. Athletic Ass’n, 942

F.3d 1215, 1246–47 (11th Cir. 2019). Even so, neither inquiry is

“probing.” See id. at 1247.

Sumrall alleged that his removal from the AEP

impermissibly burdened his religious beliefs by forcing him to

choose between “malnourishment and religious adherence.” And

because there was no “legitimate penological reason” for his

removal, he argues, Singleton and Ashley violated the First

Amendment.

While existing law may have been clear that prison officials

needed to accommodate “truly held” religious beliefs, it did not

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give Singleton and Ashley “fair warning” that they could not

question the sincerity of Sumrall’s beliefs based on his non-vegan

purchases. See Powell, 25 F.4th at 921 (quotation omitted). In fact,

neither published case Sumrall cites involved an inmate’s actions

contradicting his professed religious beliefs. See generally United

States v. Sec’y, Fla. Dep’t of Corr., 828 F.3d 1341 (11th Cir. 2016);

Martinelli v. Dugger, 817 F.2d 1499 (11th Cir. 1987). The district

court did not err in granting Singleton and Ashley qualified

immunity on Sumrall’s free exercise claim.

The same is true for the due process claim. To succeed

there, Sumrall needs to show “(1) a deprivation of a

constitutionally-protected liberty or property interest; (2) state

action; and (3) constitutionally-inadequate process.” Resnick v.

KrunchCash, LLC, 34 F.4th 1028, 1035 (11th Cir. 2022) (quotation

omitted). A prisoner has a protected liberty interest “when the

state has consistently bestowed a certain benefit to prisoners,” and

denying that benefit “imposes atypical and significant hardship on

the inmate in relation to the ordinary incidents of prison life.” Kirby

v. Siegelman, 195 F.3d 1285, 1291 (11th Cir. 1999) (quotation

omitted).

Sumrall says that the “AEP created a liberty interest by

providing religiously compliant meals” and that his removal from

the program “imposed an atypical and significant hardship” by

forcing him to either abandon his religion or starve. But once

again, he has not shown that the right he claims was clearly

established—he identifies no authority establishing a protected

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liberty interest in remaining on a religious meal plan when an

inmate’s actions contradict a genuine commitment to the dietary

restrictions he claims.

Once more, Sumrall tries to use “[b]road statements of law”

to defeat qualified immunity. But neither case he cites gets him

where he needs to go. Bass v. Perrin established that prisoners in

solitary confinement have a constitutionally protected interest in

outside yard time, but we do not see how this translates to

temporary removal from the AEP. 170 F.3d 1312, 1318 (11th Cir.

1999). And the principle Sumrall pulls from Sandin v. Conner—that

“hardship is evaluated by comparing it to the ‘ordinary incidents of

prison life’”—is just a restatement of the protected-liberty-interest

standard articulated in that case. See 515 U.S. 472, 484 (1995). This

was not enough to put the officials on notice that removing

Sumrall from the AEP was a due process violation. Put differently,

it was not obvious that removing an inmate who bought all kinds

of non-vegan goods from a vegan meal plan violates due process.

The district court did not err in determining that Singleton and

Ashley were entitled to qualified immunity on Sumrall’s due

process claim.

B.

We next turn to Sumrall’s equal protection claim, which is

based on his allegation that only black, non-Jewish prisoners were

removed from the AEP in July 2020. To prevail, Sumrall must

show that “(1) he is similarly situated to other prisoners who

received more favorable treatment; and (2) the state engaged in

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invidious discrimination against him based on race, religion,

national origin, or some other constitutionally protected basis.”

Sweet v. Sec’y, Dep’t of Corr., 467 F.3d 1311, 1318–19 (11th Cir. 2006).

He cannot make either showing.

A similarly situated prisoner must be “prima facie identical

in all relevant respects.” Grider v. City of Auburn, 618 F.3d 1240, 1264

(11th Cir. 2010) (italics deleted and quotation omitted). Sumrall’s

principal comparator is a white and Jewish prisoner, Michael

Cwikla, who testified that he was not removed from the AEP

despite having purchased non-vegan food from the prison store. So

far, so good. But the receipt attached to his affidavit shows

purchases from August 19, 2020, which was nearly a year after

Sumrall was removed from the AEP the first time, and three weeks

after he was removed the second time. Without more information

from the record, those dates may seem inconsequential. But here

we know that both times prison officials removed Sumrall from the

AEP it stemmed from reviews of store purchases. And those

reviews were triggered by complaints from Sumrall and other

prisoners that they had not received adequate vegan food.

That sequence means Cwikla did not engage in the same

conduct as Sumrall: purchasing non-vegan food from the store

before prison officials ran their July 2020 purchase check. After all,

the officials could not have removed Cwikla from the AEP in July

for non-vegan purchases that he did not make until August. The

answer may well be different if the purchase checks had occurred

more regularly.

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Sumrall contends, however, that Cwikla made purchases

before Sumrall’s removal, and that the receipt in the record is “just

one example.” He points to Cwikla’s statement that he was not

removed even though he “also bought” and continued to “buy”

non-vegan items from the store. (emphasis added). Because

Cwikla spoke in the past and present tense, Sumrall contends,

Cwikla made purchases “before and during the period” of Sumrall’s

removal

We see it differently. Cwikla’s affidavit is dated September

14, 2020. To support his statement that he “also bought” non-

vegan food, Cwikla referenced his August 19, 2020, receipt. But

the affidavit does not state that Cwikla made purchases before

Sumrall’s July 29 removal—when prison authorities ran checks for

non-vegan store purchases by prisoners receiving vegan meals.

Absent this assertion, Cwikla and Sumrall are not “prima facie

identical in all relevant respects.” Id. (italics deleted and quotation

omitted).

Sumrall insists that there were other similarly situated

prisoners, too, but the evidence he cites does not move the needle.

First, he points to Cwikla’s statement that prison officials “did not

remove [him] nor any other Jewish/Caucasian prisoner from the

AEP even though [they] also bought (and buy) non-vegan store

items.” Second, he notes that another inmate, James America,

testified that “White and Jewish prisoners in [Sumrall’s dorm] had

also previously bought non-vegan store goods,” but were not

culled from the AEP.

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The problem is that none of the referenced comparators

testified, and neither Cwikla nor America provided any details—

like the prisoners’ names or the date ranges of their non-vegan

purchases—that would allow us to assess whether they were

similarly situated. And without “specific supporting facts,”

Cwikla’s and America’s “conclusory allegations” are not enough to

create a genuine dispute of material fact. See Evers v. Gen. Motors

Corp., 770 F.2d 984, 986 (11th Cir. 1985).

Plus, even if Sumrall did identify a similarly situated inmate,

he has not presented evidence that Singleton and Ashley acted with

a discriminatory purpose. After all, to “make out an equal

protection claim, a plaintiff must prove purposeful, intentional

discrimination.” Morrissey v. United States, 871 F.3d 1260, 1271 (11th

Cir. 2017). And that requires proving that “the governmental

decisionmaker acted as it did because of, and not merely in spite of,

its effects upon an identifiable group.” Id. (quotation omitted). In

Harris v. Ostrout, for example, “evidence of an illegal motive”—that

the prison official “used racist language” when referring to the

inmate—created a genuine issue of fact and precluded summary

judgment on the inmate’s equal protection claim. See 65 F.3d 912,

917 (11th Cir. 1995).

No such evidence exists here. It is undisputed that Sumrall

regularly bought non-vegan food from the prison store, and that

he was removed from the AEP only after prison officials discovered

these purchases. What’s more, Sumrall does not refute Ashley’s

testimony that white prisoners were removed from the AEP in July

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2020. He argues instead that Ashley did not state why they were

removed. But that is not true. Ashley said that she “reviewed the

list of Wilcox State Prison inmates removed from the Alternative

Entrée Meal Program (‘AEP’) in July 2020 because they had purchased

non-vegan items from the prison store.” (emphasis added). Next

sentence: “The Wilcox State Prison inmates removed from the

AEP in July 2020 belong to a number of racial groups, including

White, Black, and Hispanic.” 2 Because there is no evidence of

“purposeful, intentional discrimination,” the defendants were

entitled to summary judgment on Sumrall’s equal protection

claim. See Morrissey, 871 F.3d at 1271.

C.

We now move to Sumrall’s Eighth Amendment claim. The

Eighth Amendment requires prisons to provide inmates with basic

life necessities such as “adequate food, clothing, shelter, and

medical care.” Farmer v. Brennan, 511 U.S. 825, 832 (1994). Only

“extreme deprivations”—those posing an “unreasonable risk of

serious damage to [the inmate’s] future health or safety”—qualify

as a violation. Hudson v. McMillian, 503 U.S. 1, 8–9 (1992); Swain v.

Junior, 958 F.3d 1081, 1088 (11th Cir. 2020) (quotation omitted).

Inmates are entitled to “reasonably adequate food,” but what that

means is a “well-balanced meal, containing sufficient nutritional

value to preserve health.” See Hamm v. DeKalb County, 774 F.2d

2 And although Ashley did not state that any Jewish prisoners were removed,

she testified that the removed prisoners belonged to several religions,

including “Baptist,” “Christian,” and “Islam.”

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1567, 1575 (11th Cir. 1985) (quotations omitted). The Eighth

Amendment does not mandate meals that match inmates’ dietary

preferences—even when those preferences are dictated by

religious beliefs. See McEachin v. McGuinnis, 357 F.3d 197, 199–201

(2d Cir. 2004); LaFevers v. Saffle, 936 F.2d 1117, 1120 (10th Cir. 1991).

Sumrall argues that his three-month removal from the AEP

violated the Eighth Amendment because it “caused him to starve.”

We are not persuaded. To begin, Sumrall did not dispute that the

non-vegan meal offerings were nutritionally adequate. He argues

only that “his diet was inadequate because he was unable to eat the

non-vegan food trays.” But the test is whether the meals were

nutritionally adequate—and they were. Indeed, under Sumrall’s

test, any prisoner could manufacture an Eighth Amendment

violation by refusing to eat his food. In any event, the record

contradicts Sumrall’s assertion that his diet on the regular non-

vegan meal plan was inadequate. Sumrall was on that plan before

the creation of the AEP, and he testified that he ate the vegan

portions of the meals while giving away or trading the meat.

We also note that the “medical complications and pain” that

Sumrall allegedly suffered after being removed from the AEP find

no support in the record. Though he asserts that two “test

result[s]” support his allegations, neither establishes that he

suffered “serious damage to his future health or safety.” Swain, 958

F.3d at 1088 (quotation omitted). Rather, the lab results and x-rays

reveal that Sumrall sought treatment for “pain,” and that there was

“[n]o evidence” of “significant degenerative disease.” Coupled

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with his “prolonged” contraction of Covid-19—which, as he

concedes, could have contributed to his symptoms—Sumrall has

not raised a genuine issue of material fact.

The district court’s grant of summary judgment on the

Eighth Amendment claim was proper.

D.

Finally, we address the RLUIPA claims. Sumrall says the

Department violated RLUIPA when it denied his 2020 “Special

Religious Request,” in which he sought three things: permission to

order vegan athletic shoes, a requirement that the Department sell

him vegan food, and a requirement that the Department offer him

vegan meals in the cafeteria. 3 Again, we disagree.

An RLUIPA plaintiff must demonstrate that “his

engagement in religious exercise was substantially burdened by the

law, regulation, or practice he challenges.” Owens, 848 F.3d at 979.

And a substantial burden places “more than an inconvenience on

religious exercise.” Thai Meditation Ass’n of Ala. v. City of Mobile, 980

F.3d 821, 830 (11th Cir. 2020) (quotation omitted). Pressure that

“tends to force adherents to forego religious precepts” or

“mandates religious conduct” can meet the mark. Id. (quotation

omitted).

Citing the “centrality of veganism” to his “religious

worldview,” Sumrall argues that the Department “substantially

3 He also alleged an RLUIPA violation for the denial of his request for an ankh,

but he does not appeal the district court’s ruling on this claim.

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18 Opinion of the Court 23-11783

burdens his religious exercise under RLUIPA by refusing him

access to athletic shoes that are not made from animal products.”

He says that because “the only religiously compliant alternative to

leather sneakers is rubber slides—which are not gym shoes—[he]

cannot exercise without violating his religious beliefs.” And this,

Sumrall asserts, amounts to “a substantial burden” on his religion.

Not so. That rubber shoes do not fulfill Sumrall’s physical-

exercise preferences does not mean his religious exercise is

substantially burdened. He cannot show that the denial of vegan

athletic shoes does anything more than “inconvenience” his

religious exercise. Cf. id. at 829–30 (quotation omitted).

Sumrall next contends that the Department’s refusal to

“make vegan food available for purchase” substantially burdens his

religious exercise. Because the prison store “does not designate

items as vegan or non-vegan,” he argues, he “cannot know” which

type they are. And because the Department has since “added the

non-vegan-purchase prohibition” to its standard operating

procedures, Sumrall says he “risk[s] removal from the AEP” each

time he shops at the commissary.

The district court correctly rejected this claim, too. The

Department offers vegan meals through the AEP, and Sumrall

remains an enrolled participant. Because he can obtain vegan

meals that way, he cannot show that the Department’s refusal to

separately sell other vegan food is more than an inconvenience.

Sumrall cannot use RLUIPA to compel the prison to sell vegan

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meals when he already has access to those meals through a

program created to “accommodate as many religions as possible.”

Last, Sumrall’s request for access to vegan meals is moot. A

case becomes moot “[w]hen events subsequent to the

commencement of a lawsuit create a situation in which the court

can no longer give the plaintiff meaningful relief.” Fla. Ass’n of

Rehab. Facilities v. Fla. Dep’t of Health & Rehab. Servs., 225 F.3d 1208,

1217 (11th Cir. 2000). Because mootness is jurisdictional, a moot

case requires dismissal. Sierra Club v. EPA, 315 F.3d 1295, 1299 (11th

Cir. 2002).

The district court correctly determined that this claim was

moot because the only relief Sumrall sought in connection with his

request for vegan meals was to be placed back on the AEP—which

happened nearly five years ago. Even so, Sumrall says his claim is

live because he was placed on the “restricted” vegan meal plan,

which he says provides “largely inedible” meals. He argues that

“he has not received the relief he requested—edible vegan meals.”

We cannot agree. Sumrall requested only that he “be put back on

the vegan AEP meals.” And the restricted vegan meal plan offers—

you guessed it—vegan meals. The primary difference between the

restricted vegan plan and the regular vegan plan is that the former

serves “cold foods” after “sunset on Friday until one (1) hour past

sunset on Saturday.”

Sumrall’s complaints about the quality of the restricted plan

do not save his claim. Again, he sued “based on his removal from

the AEP, not the nutritional adequacy of the vegan meals.” At his

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20 Opinion of the Court 23-11783

deposition, for example, Sumrall acknowledged that he was “not

making a complaint about the vegan food itself,” but only about

“whether [he] got the vegan or not the vegan food.”

Sumrall’s final defense to mootness is the voluntary-

cessation exception, which provides that a defendant’s “voluntary

cessation of allegedly illegal conduct does not moot a case.” 4

Keohane v. Fla. Dep’t of Corr. Sec’y, 952 F.3d 1257, 1267 (11th Cir.

2020) (quotation omitted). But this exception does not apply when

“there is no reasonable expectation that the wrong will be

repeated.” United States v. W.T. Grant Co., 345 U.S. 629, 633 (1953)

(quotation omitted). And where, as here, the defendant is a

government actor, we apply a rebuttable presumption that the

objectionable behavior will not recur. See Coral Springs St. Sys., Inc.

v. City of Sunrise, 371 F.3d 1320, 1328–29 (11th Cir. 2004).

Voluntary cessation does not save the day for Sumrall. He

has remained on the AEP for over four years since his

4 Sumrall also suggests that “[d]amages claims against” the prison officials in

their individual capacities “provide an additional reason” why this claim is not

moot. He concedes that our precedent forecloses money damages against

government officials for RLUIPA violations, but asks this Court to stay the

issuance of this opinion because the Supreme Court has granted certiorari on

this issue. See Landor v. La. Dep’t of Corr. & Pub. Safety, No. 23-1197, 2025 WL

1727386, at *1 (U.S. June 23, 2025) (mem.). Sumrall, however, did not raise

this issue before the district court, which means it was forfeited. See Access

Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324, 1331 (11th Cir. 2004). Because we

see no “exceptional” reason to address the issue for the first time on appeal,

his motion to stay is denied. See id. at 1332.

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23-11783 Opinion of the Court 21

reenrollment, and he has presented no evidence that he is likely to

be removed again. Still, he argues that because the government

has provided no assurance that it will not “arbitrarily remove” him

from the AEP again, it is not entitled to a presumption that its

objectionable behavior will not recur. But the basis for his prior

removals was not arbitrary: both times it was for the purchase of

non-vegan food (which is now a formal justification for removal

from the AEP). Whether Sumrall is removed again, then, is

entirely in his control. And he appears to have stopped purchasing

non-vegan items. Given that, the record offers no reason to think

the government will remove him from the program—and certainly

not that it will do so arbitrarily.

* * *

Because the district court correctly disposed of Sumrall’s

claims, we AFFIRM.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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