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Johnpoll v. Thornburgh

United States Court of Appeals, Second Circuit
Mar 6, 1990
898 F.2d 849 (2d Cir. 1990)

Summary

holding that the BOP did not exceed its authority in establishing the IFRP and that the program does not violate due process

Summary of this case from Davis v. Wiley

Opinion

Nos. 567, 568, Dockets 88-2131, 88-3019.

Argued December 18, 1989.

Decided March 6, 1990.

Iain A.W. Nasatir, Kaye, Scholer, Fierman, Hays Handler, New York City, for appellant.

William C. Pericak, Asst. U.S. Atty. (Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., David R. Homer, Asst. U.S. Atty., Patricia H. Jordan, J.D., Paralegal Specialist, of counsel), for appellee.

Appeal from the United States District Court for the Northern District of New York.

Before OAKES, Chief Judge, PRATT, Circuit Judge, and SAND, District Judge.

Of the United States District Court for the Southern District of New York, sitting by designation.



Harvey Johnpoll appeals from an order dated January 30, 1988, of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying his petition for a show cause order seeking declaratory and preliminary injunctive relief, including a stay of collection procedures under the Inmate Responsibility Program (IFRP), 28 C.F.R. §§ 545.10-545.11 (1989), and denying his motion for class certification. We affirm.

The Bureau of Prisons has established administrative remedy procedures by which a federal inmate may seek formal review of a complaint which "relates to any aspect of his imprisonment." See 28 C.F.R. § 542.10 (1989). These procedures are subject to strict time limits to prevent undue delay. See 28 C.F.R. §§ 542.13-542.15 (1989).

Johnpoll has not attempted to pursue administrative remedies, but contends that prison officials' collection of civil judgments (such as rent owing to a landlord) under the IFRP does not "relate to any aspect of his imprisonment," and thus that grievances relating to the program are not generally required by federal regulations to be submitted to administrative remedy procedures. We do not agree. Although the IFRP covers obligations beyond that owed as restitution for crimes, see 28 C.F.R. § 545.11, it serves a valid penological objective of rehabilitation by facilitating repayment of debts. See James v. Quinlan, 866 F.2d 627, 630 (3d Cir.), cert. denied, ___ U.S. ___, 110 S.Ct. 197, 107 L.Ed.2d 151 (1989).

Johnpoll has not adequately alleged that preconceived biases of prison officials have rendered the administrative grievance process futile. The bare assertion in his complaint as to animosity by one case unit manager is not sufficient to show futility of the entire administrative process, especially since he has since been transferred to another institution.

Nor can we agree with Johnpoll's blanket assertion that constitutional claims are exempt from the administrative exhaustion requirement. A federal prisoner alleging constitutional claims as a basis for injunctive relief is not generally exempt from exhausting federal administrative remedies. See Lyons v. U.S. Marshals, 840 F.2d 202, 204 (3d Cir. 1988); Miller v. Stanmore, 636 F.2d 986, 991 n. 5 (5th Cir. Unit A Feb. 1981); Simmat v. Smith, 602 F.Supp. 18, 20 (S.D.N.Y. 1984), aff'd, 779 F.2d 38 (2d Cir. 1985). This is not to say, however, that a federal prisoner must exhaust administrative remedies if administrative procedures are either not reasonably available or otherwise inadequate. See J.G. v. Board of Educ., 830 F.2d 444, 447 (2d Cir. 1987). Because administrative remedies are available to Johnpoll, his constitutional claims are not exempt from administrative exhaustion requirements, except to the extent that the administrative procedures are incompetent to provide redress, for example, to redress a challenge to the constitutional validity of a statute or regulation. See Finnerty v. Cowen, 508 F.2d 979, 981-83 (2d Cir. 1974) (no exhaustion required where plaintiff challenges constitutionality of administrative process used by agency).

Although a state prisoner alleging claims under 42 U.S.C. § 1983 (1982) need not exhaust state administrative remedies, see Patsy v. Board of Regents, 457 U.S. 496, 102 S.Ct. 2557, 73 L.Ed.2d 172 (1982), we feel Patsy's exemption for section 1983 claims is not applicable here, because it depends in large part on the particular legislative history of section 1983, especially congressional mistrust of factfinding procedures of state institutions. See id. at 502-07, 102 S.Ct. at 2560-63.

Johnpoll's first constitutional claim, based on alleged coercive tactics used to collect fines, challenges the practice of prison officials rather than the policy under which they are acting, and is therefore redressable by prison officials. The constitutional exception to the exhaustion requirement does not permit a federal inmate to bypass administrative procedures for any alleged unfair practice of prison officials simply by converting his claim into a due process cause of action. Moreover, economic loss does not in and of itself generally constitute "irreparable injury" which might excuse requiring a plaintiff to exhaust administrative remedies and justify preliminary injunctive relief. See Randolph-Sheppard Vendors of America v. Weinberger, 795 F.2d 90, 108-09 (D.C.Cir. 1986).

Johnpoll's next two constitutional challenges, on the other hand, attack the constitutionality of the IFRP itself. Administrative authorities are not competent to address such claims, and no useful function would be served by administrative factfinding. Nevertheless, as discussed below, the likelihood of success on the merits of these claims is so slight as to make denial of preliminary injunctive relief appropriate.

Johnpoll's constitutional challenge to the authority of the Bureau of Prisons to collect moneys owing for civil judgments must fail, because the IFRP program serves valid penological interests and is fully consistent with the Bureau of Prisons' authorization, under the direction of the Attorney General, to provide for rehabilitation and reformation. See Prows v. United States Dep't of Justice, 704 F.Supp. 272, 274-75 (D.D.C. 1988). The Bureau of Prisons' collection of fines is not inconsistent with or preempted by the Attorney General's delegation to assistant attorneys general and United States attorneys of responsibility for collection of judgments and fines, see 28 C.F.R. § 0.171 (1989), because there is no reason to presume that this delegated power is exclusive. Therefore, the Bureau of Prisons has not exceeded its statutory authority, nor departed from its own regulations, by administering a program to collect court-ordered civil judgments or fines.

The third constitutional challenge is that not permitting Johnpoll to opt out of the IFRP is punitive in nature and therefore violates due process. Even though IFRP regulations may allow prison officials to require that all inmates with debts participate in the program, see 28 C.F.R. § 545.11, Johnpoll's compelled participation is not punitive because, as noted above, it was "reasonably related to a legitimate governmental objective" of rehabilitation. See Bell v. Wolfish, 441 U.S. 520, 539, 99 S.Ct. 1861, 1874, 60 L.Ed.2d 447 (1979).

Johnpoll now asserts he was not even enlisted in the IFRP program. If this is so, it has two implications. First, it strengthens his claim to deprivation of due process by prison officials' attempt to collect fines with no apparent basis, but prison administrative procedures are competent to redress such a claim. Second, it means that Johnpoll has not been injured by administration of the IFRP; therefore, his second and third constitutional claims fail for lack of standing.

Given the dim likelihood of success and the availability of administrative remedy procedures, we see no reason why the district court should have to hold an evidentiary hearing on Johnpoll's petition for an order to show cause.

Provided that the district court has applied the proper legal standards in deciding whether to certify a class, its decision may only be overturned if it constitutes an abuse of discretion. See Adamson v. Bowen, 855 F.2d 668, 675 (10th Cir. 1988). The district court did not abuse its discretion in finding that Johnpoll did not define the class he seeks to represent with sufficient particularity and that he did not demonstrate his ability to represent adequately the interests of the putative class. We suppose it well within the district court's discretion to consider a later class certification motion that defines the class with more particularity and demonstrates that Johnpoll, now represented by counsel, might adequately represent the class.

The judgment of the district court is affirmed.


Summaries of

Johnpoll v. Thornburgh

United States Court of Appeals, Second Circuit
Mar 6, 1990
898 F.2d 849 (2d Cir. 1990)

holding that the BOP did not exceed its authority in establishing the IFRP and that the program does not violate due process

Summary of this case from Davis v. Wiley

holding that inmate was required to exhaust administrative remedies with BOP before he could bring federal action challenging collection procedures under IFRP

Summary of this case from United States v. Jordan

holding BOP did not exceed its authority in establishing IFRP and that the program does not violate due process

Summary of this case from United States v. Windrix

holding that the BOP has authority to implement the IFRP

Summary of this case from Ross v. Owen

holding that IFRP serves valid penological objective of rehabilitation and compelled participation does not violate constitutional rights

Summary of this case from Dunlea v. Federal Bureau of Prisons

holding that the BOP has authority to implement the IFRP

Summary of this case from Cervantes v. Cruz

holding that grievances pertaining to BOP's collection of judgments and the IFRP are aspects of confinement and are subject to the administrative remedy procedures

Summary of this case from U.S. v. Ferguson

holding BOP did not exceed its authority in establishing IFRP and that the program does not violate due process

Summary of this case from Earle v. U.S.

finding that participation in the IFRP is “reasonably related to the legitimate government objective of rehabilitation”

Summary of this case from Driggers v. Cruz

finding that claim based on "alleged coercive tactics used to collect fines" was "redressable by prison officials"

Summary of this case from McGhee v. Clark

finding that inmate must exhaust available administrative remedy procedures for grievance against collection procedures under the Inmate Financial Responsibility Program

Summary of this case from United States v. Arafat

finding that compelled participation in IFRP is not punitive because it is reasonably related to the legitimate governmental objective of rehabilitation

Summary of this case from Neal v. Watts

affirming denial of class certification because the plaintiff " did not define the class he seeks to represent with sufficient particularity"

Summary of this case from Wynn v. New York City Housing Authority

rejecting challenges to constitutionality of IFRP

Summary of this case from U.S. v. Deluca

rejecting challenges to constitutionality of IFRP

Summary of this case from U.S. v. Schlevenick

rejecting challenges to constitutionality of IFRP

Summary of this case from Taylor v. Winn

explaining that an inmate seeking a stay of the BOP's collection procedures under the IFRP must first exhaust his administrative remedies

Summary of this case from United States v. Bugh

In Johnpoll v. Thornburgh, 898 F.2d 849, 850-51 (2d Cir.), cert denied, 498 U.S. 819 (1990), the IFRP was upheld because it "serves a valid penological objective of rehabilitation by facilitating repayment of debts," and "is fully consistent with the Bureau of Prisons' authorization, under direction of the Attorney General, to provide for rehabilitation and reformation."

Summary of this case from Blackburn v. Cauley

In Johnpoll v. Thornburgh, 898 F.2d 849, 850-851 (2d Cir.), cert. denied, 498 U.S. 819 (1990), the IFRP was also upheld because it "serves a valid penological objective of rehabilitation by facilitating repayment of debts," and "is fully consistent with the Bureau of Prisons' authorization, under the direction of the Attorney General, to provide for rehabilitation and reformation."

Summary of this case from Mbengo v. Millward

In Johnpoll v. Thornburgh, 898 F.2d 849, 850-51 (2d Cir.), cert denied, 498 U.S. 819 (1990), the IFRP was upheld because it "serves a valid penological objective of rehabilitation by facilitating repayment of debts," and "is fully consistent with the Bureau of Prisons' authorization, under direction of the Attorney General, to provide for rehabilitation and reformation."

Summary of this case from Rashaad v. Lappin

In Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir. 1990) (per curiam), the Court of Appeals for the Second Circuit held that the IFRP provides a means by which inmates can learn financial responsibility by contributing toward their outstanding debts.

Summary of this case from McClenton v. Menifee
Case details for

Johnpoll v. Thornburgh

Case Details

Full title:HARVEY JOHNPOLL, APPELLANT, v. DICK THORNBURGH, ATTORNEY GENERAL OF THE…

Court:United States Court of Appeals, Second Circuit

Date published: Mar 6, 1990

Citations

898 F.2d 849 (2d Cir. 1990)

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