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PLRA Exhaustion Requirement Applies to Montana Prisoners in Private Prisons
The U.S. Ninth Circuit Court of Appeals affirmed dismissal of five Montana
prisoners' suits under 42 U.S.C. §1983 for failure to exhaust
administrative remedies, holding that the Prison Litigation Reform Act
(PLRA) requirement to exhaust administrative remedies prior to filing suit
applied to private prisons.
Kevin Murphy and four other unnamed Montana prisoners housed in the
privately-owned and -operated Crossroads Correctional Center sued the
medical director of the Montana Department of Corrections and other prison
officials under 42 U.S.C. §1983 (the substance of the complaint was not
discussed in this opinion). The Montana federal district court dismissed
for failure to exhaust administrative remedies as required by the PLRA, 42
U.S.C. §1997e(a). The prisoners appealed claiming that the PLRA did not
apply to them because they were incarcerated in a private prison and that
the prison's grievance procedures were inadequate.
The appeals court held that the PLRA requirement to exhaust administrative
remedies applies to prisoners in private prisons as well as prisoners in
state-owned and operated prisons. The court held further that prisoners
are required to exhaust administrative remedies prior to filing suit
regardless of the adequacy of the available remedies. Moreover, the
administrative remedy available to the prisoners was codified in law,
Mont. Code Ann. §27-6-701. Since none of the prisoners had availed
themselves of this remedy, dismissal for failure to exhaust was warranted.
The district court's dismissal was affirmed. This case is published in the
Federal Appendix and is subject to rules governing unpublished cases. See:
Murphy v. Jones, 27 Fed.Appx. 826 (9th Cir. 2001).
prisoners' suits under 42 U.S.C. §1983 for failure to exhaust
administrative remedies, holding that the Prison Litigation Reform Act
(PLRA) requirement to exhaust administrative remedies prior to filing suit
applied to private prisons.
Kevin Murphy and four other unnamed Montana prisoners housed in the
privately-owned and -operated Crossroads Correctional Center sued the
medical director of the Montana Department of Corrections and other prison
officials under 42 U.S.C. §1983 (the substance of the complaint was not
discussed in this opinion). The Montana federal district court dismissed
for failure to exhaust administrative remedies as required by the PLRA, 42
U.S.C. §1997e(a). The prisoners appealed claiming that the PLRA did not
apply to them because they were incarcerated in a private prison and that
the prison's grievance procedures were inadequate.
The appeals court held that the PLRA requirement to exhaust administrative
remedies applies to prisoners in private prisons as well as prisoners in
state-owned and operated prisons. The court held further that prisoners
are required to exhaust administrative remedies prior to filing suit
regardless of the adequacy of the available remedies. Moreover, the
administrative remedy available to the prisoners was codified in law,
Mont. Code Ann. §27-6-701. Since none of the prisoners had availed
themselves of this remedy, dismissal for failure to exhaust was warranted.
The district court's dismissal was affirmed. This case is published in the
Federal Appendix and is subject to rules governing unpublished cases. See:
Murphy v. Jones, 27 Fed.Appx. 826 (9th Cir. 2001).
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Related legal case
Murphy v. Jones
| Year | 2001 |
|---|---|
| Cite | 27 Fed.Appx. 826 (9th Cir. 2001). |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
KEVIN MURPHY; et al., Plaintiffs-Appellants, v. ROBERT JONES, Dr., Medical Director, Montana Department of Corrections; et al., Defendants-Appellees.
No. 01-35336
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
27 Fed. Appx. 826; 2001 U.S. App.
November 5, 2001 **, Submitted
** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
November 15, 2001, Filed
NOTICE: [**1] RULES OF THE NINTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: Appeal from the United States District Court for the District of Montana. D.C. No. CV-00-67-DWM(RFC). Donald W. Molloy, District Judge, Presiding.
DISPOSITION: AFFIRMED.
COUNSEL: KEVIN MURPHY, Plaintiff - Appellant, Pro se, Shelby, MT.
CHAD REIMER, Plaintiff - Appellant, Pro se, Shelby, MT.
LARRY SEYBERT, Plaintiff - Appellant, Pro se, Shelby, MT.
PATRICK TRACY, Plaintiff - Appellant, Pro se, Shelby, MT.
ROBERT BONE, Plaintiff - Appellant, Pro se, Shelby, MT.
For ROBERT JONES, Dr., RICK DAY, Defendants - Appellees: David L. Ohler, Helena, MT.
For LANCE STEWART, Dr., DOCTOR WALLACE, Defendants - Appellees: Neil Ee. Ugrin, Esq., UGRIN, ALEXANDER, ZADICK & SLOVAK, Nancy Cory, Esq., Great Falls, MT.
For EDITH CLARK, RN, JAMES MACDONALD, Defendants - Appellees: J. Daniel Hoven, d, Esq., Mary K. Giddings, Esq., BROWNING KALECZYC BERRY & HOVEN, Helena, MT.
JUDGES: Before: KLEINFELD, McKEOWN, and FISHER, Circuit Judges.
OPINION: [*827]
MEMORANDUM *
* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
[**2]
Five Montana state prisoners housed in Crossroads Correctional Center appeal pro se the district court's order dismissing without prejudice their 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Rumbles v. Hill, 182 F.3d 1064, 1067 (9th Cir. 1999), and affirm.
Because the Prison Litigation Reform Act ("PLRA") states that a prisoner "confined in any jail, prison, or other correctional facility" cannot bring an action about prison conditions without exhausting administrative remedies, appellants' contention that the PLRA is inapplicable to private correctional facilities lacks merit. 42 U.S.C. 1997e(a).
Appellants' contention that the Crossroads Correctional Center's grievance procedures are inadequate lacks merit because regardless of their adequacy prisoners are required to exhaust available administrative remedies before bringing actions about prison conditions. See id.; Booth v. Churner, 532 U.S. 731, 149 L. Ed. 2d 958, 121 S. Ct. 1819, 1825 (2001).
The administrative remedy for Crossroads Correctional [**3] Center prisoners wishing to file medical negligence claims is to file with the Montana Medical Legal Panel. See Mont. Code Ann. § 27-6-701. Because the record indicates that none of the appellants exhausted their administrative remedies with the Montana Medical Legal Panel, the district court did not err in dismissing the complaint without prejudice. See Booth, 121 S. Ct. at 1825.
AFFIRMED.
No. 01-35336
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
27 Fed. Appx. 826; 2001 U.S. App.
November 5, 2001 **, Submitted
** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
November 15, 2001, Filed
NOTICE: [**1] RULES OF THE NINTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
PRIOR HISTORY: Appeal from the United States District Court for the District of Montana. D.C. No. CV-00-67-DWM(RFC). Donald W. Molloy, District Judge, Presiding.
DISPOSITION: AFFIRMED.
COUNSEL: KEVIN MURPHY, Plaintiff - Appellant, Pro se, Shelby, MT.
CHAD REIMER, Plaintiff - Appellant, Pro se, Shelby, MT.
LARRY SEYBERT, Plaintiff - Appellant, Pro se, Shelby, MT.
PATRICK TRACY, Plaintiff - Appellant, Pro se, Shelby, MT.
ROBERT BONE, Plaintiff - Appellant, Pro se, Shelby, MT.
For ROBERT JONES, Dr., RICK DAY, Defendants - Appellees: David L. Ohler, Helena, MT.
For LANCE STEWART, Dr., DOCTOR WALLACE, Defendants - Appellees: Neil Ee. Ugrin, Esq., UGRIN, ALEXANDER, ZADICK & SLOVAK, Nancy Cory, Esq., Great Falls, MT.
For EDITH CLARK, RN, JAMES MACDONALD, Defendants - Appellees: J. Daniel Hoven, d, Esq., Mary K. Giddings, Esq., BROWNING KALECZYC BERRY & HOVEN, Helena, MT.
JUDGES: Before: KLEINFELD, McKEOWN, and FISHER, Circuit Judges.
OPINION: [*827]
MEMORANDUM *
* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
[**2]
Five Montana state prisoners housed in Crossroads Correctional Center appeal pro se the district court's order dismissing without prejudice their 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Rumbles v. Hill, 182 F.3d 1064, 1067 (9th Cir. 1999), and affirm.
Because the Prison Litigation Reform Act ("PLRA") states that a prisoner "confined in any jail, prison, or other correctional facility" cannot bring an action about prison conditions without exhausting administrative remedies, appellants' contention that the PLRA is inapplicable to private correctional facilities lacks merit. 42 U.S.C. 1997e(a).
Appellants' contention that the Crossroads Correctional Center's grievance procedures are inadequate lacks merit because regardless of their adequacy prisoners are required to exhaust available administrative remedies before bringing actions about prison conditions. See id.; Booth v. Churner, 532 U.S. 731, 149 L. Ed. 2d 958, 121 S. Ct. 1819, 1825 (2001).
The administrative remedy for Crossroads Correctional [**3] Center prisoners wishing to file medical negligence claims is to file with the Montana Medical Legal Panel. See Mont. Code Ann. § 27-6-701. Because the record indicates that none of the appellants exhausted their administrative remedies with the Montana Medical Legal Panel, the district court did not err in dismissing the complaint without prejudice. See Booth, 121 S. Ct. at 1825.
AFFIRMED.