×
You have 2 more free articles available this month. Subscribe today.
Untimely Grievance Not Exhaustion of Administrative Remedies
The Eleventh Circuit Court of Appeals held a prisoner cannot claim
exhaustion of administrative remedies by filing an untimely grievance and
claiming further exhaustion would be futile. This 42 U.S.C. Section 1983
action was filed by a Georgia prisoner claiming Eighth and Fourteenth
Amendment violations. The district court dismissed for failure to exhaust
administrative remedies.
42 U.S.C. Section 1997e(a) of the Prison Litigation Reform Act (PLRA)
provides no action shall be brought with respect to prison conditions
under section 1983 or any other federal law by any prisoner confined in
any prison until such administrative remedies as are available are
exhausted. The prisoner invoked the prison grievance process, but his
grievance was denied as untimely. He then argued he had exhausted remedies
as required by the PLRA because the appeal of that denial would not be
heard.
The Eleventh Circuit found Georgia's grievance procedures allows waiver of
time limits for "good cause." Since the prisoner filed an out-of-time
grievance, he cannot be considered to have exhausted his administrative
remedies. The court held that if it were to accept the prisoner's
position -- that the filing of an untimely grievance exhausts the
prisoner's administrative remedies -- then prisoners could ignore the
PLRA's exhaustion requirement and still gain access to federal court
merely by filing an untimely grievance. The district court's dismissal
order was affirmed. See: Harper v. Jenkins, 179 F.3d 1311 (11th Cir.,
1999).
exhaustion of administrative remedies by filing an untimely grievance and
claiming further exhaustion would be futile. This 42 U.S.C. Section 1983
action was filed by a Georgia prisoner claiming Eighth and Fourteenth
Amendment violations. The district court dismissed for failure to exhaust
administrative remedies.
42 U.S.C. Section 1997e(a) of the Prison Litigation Reform Act (PLRA)
provides no action shall be brought with respect to prison conditions
under section 1983 or any other federal law by any prisoner confined in
any prison until such administrative remedies as are available are
exhausted. The prisoner invoked the prison grievance process, but his
grievance was denied as untimely. He then argued he had exhausted remedies
as required by the PLRA because the appeal of that denial would not be
heard.
The Eleventh Circuit found Georgia's grievance procedures allows waiver of
time limits for "good cause." Since the prisoner filed an out-of-time
grievance, he cannot be considered to have exhausted his administrative
remedies. The court held that if it were to accept the prisoner's
position -- that the filing of an untimely grievance exhausts the
prisoner's administrative remedies -- then prisoners could ignore the
PLRA's exhaustion requirement and still gain access to federal court
merely by filing an untimely grievance. The district court's dismissal
order was affirmed. See: Harper v. Jenkins, 179 F.3d 1311 (11th Cir.,
1999).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Harper v. Jenkins
| Year | 1999 |
|---|---|
| Cite | 179 F.3d 1311 (11th Cir. 1999). |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
Harper v. Jenkin, 179 F.3d 1311 (11th Cir. 07/01/1999)
[1] U.S. Court of Appeals, Eleventh Circuit
[2] No. 98-8813
[3] 179 F.3d 1311, 1999
[4] July 01, 1999
[5] CHARLES HARPER, PLAINTIFF-APPELLANT,
v.
DR. JENKIN, TOMMY REDDISH, LOUISE CASON, DEFENDANTS-APPELLEES.
[6] D.C. Docket No. CV-698-11
[7] Before Tjoflat, Birch and Barkett, Circuit Judges.
[8] [PUBLISH]
[9] Non-Argument Calendar
[10] Appeal from the United States District Court for the Southern District of Georgia
[11] PER CURIAM:
[12] Section 1997e(a) of the Prison Litigation Reform Act (PLRA) provides that "[n]o action shall be brought with respect to prison conditions under [42 U.S.C. §] 1983 . . . , or any other federal law, by a prisoner confined in any . . . prison . . . until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). This provision applies in this case because the prisoner, the appellant, filed his complaint after the PLRA's effective date.
[13] Appellant is an inmate in the Georgia state prison system. He seeks both monetary and injunctive relief on the ground that appellees, or one of them, violated his Eighth (and Fourteenth) Amendment right to be free of cruel and unusual punishment by refusing him needed medical treatment. Because appellant seeks such relief, section 1997e(a) required that he exhaust his administrative remedies before bringing suit.
[14] Appellant has invoked the prison system's administrative process; he has done so by filing a grievance. His grievance has been denied, however, because it was untimely. Appellant could appeal such denial (within the prison system); he contends, however, that appeal would not be heard (because his grievance was untimely). Given this circumstance, his argument continues, he has exhausted his administrative remedies and, thus, the PLRA's exhaustion requirement. We disagree.
[15] As the district court noted in disposing of this case, Georgia State Prison Inmate Grievance Procedure No. 503.1 allows the grievance coordinator to waive the time period for filing a grievance if "good cause" is shown. Since appellant has not sought leave to file an out- of-time grievance, he cannot be considered to have exhausted his administrative remedies. If we were to accept appellant's position - that the filing of an untimely grievance exhausts an inmate's administrative remedies - inmates, such as appellant, could ignore the PLRA's exhaustion requirement and still gain access to federal court merely by filing an untimely grievance.
[16] In sum, we affirm the district court's dismissal of appellant's complaint without prejudice for failure to exhaust his administrative remedies.
[17] AFFIRMED.
[1] U.S. Court of Appeals, Eleventh Circuit
[2] No. 98-8813
[3] 179 F.3d 1311, 1999
[4] July 01, 1999
[5] CHARLES HARPER, PLAINTIFF-APPELLANT,
v.
DR. JENKIN, TOMMY REDDISH, LOUISE CASON, DEFENDANTS-APPELLEES.
[6] D.C. Docket No. CV-698-11
[7] Before Tjoflat, Birch and Barkett, Circuit Judges.
[8] [PUBLISH]
[9] Non-Argument Calendar
[10] Appeal from the United States District Court for the Southern District of Georgia
[11] PER CURIAM:
[12] Section 1997e(a) of the Prison Litigation Reform Act (PLRA) provides that "[n]o action shall be brought with respect to prison conditions under [42 U.S.C. §] 1983 . . . , or any other federal law, by a prisoner confined in any . . . prison . . . until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). This provision applies in this case because the prisoner, the appellant, filed his complaint after the PLRA's effective date.
[13] Appellant is an inmate in the Georgia state prison system. He seeks both monetary and injunctive relief on the ground that appellees, or one of them, violated his Eighth (and Fourteenth) Amendment right to be free of cruel and unusual punishment by refusing him needed medical treatment. Because appellant seeks such relief, section 1997e(a) required that he exhaust his administrative remedies before bringing suit.
[14] Appellant has invoked the prison system's administrative process; he has done so by filing a grievance. His grievance has been denied, however, because it was untimely. Appellant could appeal such denial (within the prison system); he contends, however, that appeal would not be heard (because his grievance was untimely). Given this circumstance, his argument continues, he has exhausted his administrative remedies and, thus, the PLRA's exhaustion requirement. We disagree.
[15] As the district court noted in disposing of this case, Georgia State Prison Inmate Grievance Procedure No. 503.1 allows the grievance coordinator to waive the time period for filing a grievance if "good cause" is shown. Since appellant has not sought leave to file an out- of-time grievance, he cannot be considered to have exhausted his administrative remedies. If we were to accept appellant's position - that the filing of an untimely grievance exhausts an inmate's administrative remedies - inmates, such as appellant, could ignore the PLRA's exhaustion requirement and still gain access to federal court merely by filing an untimely grievance.
[16] In sum, we affirm the district court's dismissal of appellant's complaint without prejudice for failure to exhaust his administrative remedies.
[17] AFFIRMED.