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Wright v. Hollingsworth

United States Court of Appeals, Fifth Circuit
Jul 24, 2001
260 F.3d 357 (5th Cir. 2001)

Summary

holding that, although the only remedy sought was money damages, "substantial compliance" by filing a step-one grievance constituted failure to exhaust

Summary of this case from Rosa v. Littles

Opinion

No. 99-40063.

July 24, 2001.

Justin M. Waggoner, Smyser Kaplan Veselka, Houston, TX, for Plaintiff-Appellant.

Charles Kenneth Eldred, Sharon Felfe, Asst. Atty. Gen., Austin, TX, for Defendant-Appellee.

Appeal from the United States District Court for the Eastern District of Texas.

Before JOLLY, JONES and BENAVIDES, Circuit Judges.


This case returns to us for rehearing and renews the question whether the district court properly dismissed, for failure to exhaust prison grievance remedies, the appellant's § 1983 claim against a prison nurse.

In Booth v. Churner, 531 U.S. 956, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001), the Supreme Court held that Congress intended a prisoner to invoke "such administrative remedies as are available" in the prison, without regard to whether the grievance procedure affords money damage relief, before he may file suit contesting prison conditions in federal court. 42 U.S.C. § 1997e(a) (West Supp. 1999). Before Booth was decided, the instant case had been voted en banc to reconsider such of our decision as Whitley v. Hunt, 158 F.3d 882 (5th Cir. 1998), that did not mandate exhaustion. After Booth, this case was remanded from en banc court to the original panel because the Supreme Court's decision effectively overruled Whitley.

Quibbles about the nature of a prisoner's complaint, the type of remedy sought, and the sufficiency or breadth of prison grievance procedures were laid to rest in Booth. Justice Souter summed up the Court's conclusion in a footnote:

Here, we hold only that Congress has provided in § 1997e(a) that an inmate must exhaust irrespective of the forms of relief sought and offered through administrative sources.

121 S.Ct. at 1825, n. 6. The major issue raised by Wright, that he need not exhaust if money damages were unavailable through the grievance procedure of the Texas Department of Criminal Justice, is thus resolved.

Wright asserts other issues, however, in light of Booth and in response to this panel's request for supplemental letter briefs on remand. First, Wright contends that "in contrast to Booth", his complaint seeks redress for his injury (a ruptured eardrum) and pain and suffering, harms that can only be relieved by money damages. This is but another way of narrowly parsing the "available" "remedies" language in § 1997e(a); it legally and factually mischaracterizes Booth, where only money damages were sought when the case got to court; and it is unconvincing.

Second, Wright alleges that he substantially complied with the TDCJ administrative procedures by filing a Step One grievance, which put the prison on notice of his complaint and offered the authorities an opportunity to mediate the dispute. But he did not pursue the grievance remedy to conclusion. Nothing in the Prison Litigation Reform Act, however, prescribes appropriate grievance procedures or enables judges, by creative interpretation of the exhaustion doctrine, to prescribe or oversee prison grievance systems. TDCJ has promulgated a detailed, complex and carefully thought-out program to facilitate the filing of grievances and assure their prompt, dispassionate investigation. The PLRA required Wright to exhaust "available" "remedies", whatever they may be. His failure to do so prevents him from pursuing a federal lawsuit at this time.

Pub.L. No. 104-34, Title I, § 101(a), 110 Stat. 1321-71 (1996).

The 42 U.S.C. § 1997e exhaustion requirement is not jurisdictional and may be subject to certain defenses such as waiver, estoppel or equitable tolling. Underwood v. Wilson, 151 F.3d 292, 294-95 (5th Cir. 1998).

Third, Wright criticizes Hollingsworth, the remaining defendant, for not timely raising her exhaustion defense in the district court. Even if we allow that the procedural development of this case has been erratic, it is too late for Wright's waiver claim, newly raised after three years of litigation and after remand from the Supreme Court.

Wright's final points request, if all else fails, dismissal without prejudice and equitable tolling of the Texas statute of limitations during the pendency of this action and any additional state administrative proceedings. These modifications of the judgment are appropriate. See Wendell v. Asher, 162 F.3d 887, 892 (5th Cir. 1998) (dismissal without prejudice); Harris v. Hegman, 198 F.3d 153, 157-59 (5th Cir. 1999) (under PLRA exhaustion requirement, limitations on a prisoner's § 1983 claims is tolled during administrative proceedings).

For the foregoing reasons, the judgment of the district court is AFFIRMED as MODIFIED, i.e., Wright's case is dismissed without prejudice pending exhaustion of TDCJ grievance procedures and limitations will be tolled pending exhaustion.

AFFIRMED as MODIFIED.


Summaries of

Wright v. Hollingsworth

United States Court of Appeals, Fifth Circuit
Jul 24, 2001
260 F.3d 357 (5th Cir. 2001)

holding that, although the only remedy sought was money damages, "substantial compliance" by filing a step-one grievance constituted failure to exhaust

Summary of this case from Rosa v. Littles

holding that plaintiffs administrative remedies are not exhausted unless pursued through conclusion of multi-step administrative procedure

Summary of this case from Torns v. Mississippi Dept. of Corrections

holding that dismissal without prejudice for failure to exhaust administrative remedies was appropriate

Summary of this case from Fegans v. Johnson

holding that merely filing a grievance without further action does not demonstrate exhaustion of administrative remedies as contemplated by the Prison Litigation Reform Act of 1995

Summary of this case from BACA v. JOSHI

holding that merely filing a grievance without further action does not demonstrate exhaustion of administrative remedies as contemplated by the PLRA

Summary of this case from Marlin v. Alexandre

holding that merely filing a grievance without further action does not demonstrate exhaustion of administrative remedies as contemplated by the PLRA

Summary of this case from Curry v. Alexandre

holding that dismissal for the failure to exhaust administrative remedies under 42 U.S.C. § 1997e should be without prejudice and that the applicable statute of limitations should be equitably tolled during the pendency of dismissed suit and any additional administrative proceedings

Summary of this case from Wood Chapman

holding that dismissal for the failure to exhaust administrative remedies under 42 U.S.C. § 1997e should be without prejudice and that the applicable statute of limitations should be equitably tolled during the pendency of dismissed suit and any additional administrative proceedings

Summary of this case from Coffer v. Tarrant County

holding that an inmate's complaint of deliberate indifference to his serious medical need was "dismissed without prejudice pending exhaustion of TDCJ grievance procedures and limitations [would] be tolled pending exhaustion"

Summary of this case from Rader v. Lubbock County

holding that merely filing a grievance without further action does not demonstrate exhaustion of administrative remedies as contemplated by the Prison Litigation Reform Act of 1995 ("PLRA")

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

holding that merely filing a grievance without further action does not demonstrate exhaustion of administrative remedies as contemplated by the Prison Litigation Reform Act of 1995

Summary of this case from Henry v. Scott

holding that a TDCJ inmate failed to exhaust the available remedies when he failed to file a Step 2 grievance

Summary of this case from Turner v. Fernald

holding both that dismissal of a case for the failure of the plaintiff to exhaust administrative remedies under 42 U.S.C. § 1997e should be without prejudice and that the applicable statute of limitations should be equitably tolled during the pendency of dismissed suit and any additional administrative proceedings

Summary of this case from Lang v. FMC-Fort Worth

holding both that dismissal of a case for the failure of the plaintiff to exhaust administrative remedies under 42 U.S.C. § 1997e should be without prejudice and that the applicable statute of limitations should be equitably tolled during the pendency of dismissed suit and any additional administrative proceedings

Summary of this case from Kennard v. Fci-Dublin

holding both that dismissal of a case for the failure of the plaintiff to exhaust administrative remedies under 42 U.S.C. § 1997e should be without prejudice and that the applicable statute of limitations should be equitably tolled during the pendency of dismissed suit and any additional administrative proceedings

Summary of this case from Shugart v. Fleming

holding both that dismissal of a case for the failure of the plaintiff to exhaust administrative remedies under 42 U.S.C. § 1997e(a)should be without prejudice and that the applicable statute of limitations should be equitably tolled during the pendency of dismissed suit and any additional administrative proceedings

Summary of this case from Hernandez-Salazar v. FMC Jail Unit

holding that pursuant to Booth, inmate was required to exhaust all Texas Department of Criminal Justice grievance procedures even though money damages were unavailable in grievance system

Summary of this case from Clary v. Cockrell

holding that pursuant to Booth, inmate was required to exhaust all Texas Department of Criminal Justice grievance procedures even though money damages were unavailable in grievance system

Summary of this case from Watson v. Boerm

finding that the statute of limitations should be equitably tolled "during the pendency of this action"

Summary of this case from Dudley v. Clark

finding that where plaintiff prisoner filed a step one grievance but did not pursue the remedy to conclusion, he was prevented from pursuing a federal lawsuit

Summary of this case from Gonzalez v. Seal

concluding that a prisoner's lawsuit was precluded by the PLRA where he "did not pursue the grievance remedy to conclusion"

Summary of this case from George v. Snearly

concluding that a prisoner's lawsuit was precluded by the PLRA where he "did not pursue the grievance remedy to conclusion"

Summary of this case from Cameron v. Corr. Healthcare Cos.

affirming dismissal of prisoner's complaint for failure to "pursue the grievance remedy to conclusion" despite the prisoner's allegation that he "fil[ed] a Step One grievance, which put the prison on notice of his complaint and offered the authorities an opportunity to mediate the dispute

Summary of this case from Ryan v. Corr. Corp. of Am.

affirming dismissal of prisoner's § 1983 complaint where the prisoner failed to file a step two grievance after he received no response to his step one grievance, and holding that "failure to pursue his grievance remedy to conclusion constitutes a failure to exhaust his administrative remedies."

Summary of this case from Martin v. Tarrant Cnty. Jail

rejecting prisoner's argument that substantial compliance with the prison administrative remedies procedures satisfied the PLRA's requirement for exhaustion of administrative remedies

Summary of this case from Fegans v. Johnson
Case details for

Wright v. Hollingsworth

Case Details

Full title:Mark Eric WRIGHT, Plaintiff-Appellant, v. Gayle HOLLINGSWORTH, Etc., et…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 24, 2001

Citations

260 F.3d 357 (5th Cir. 2001)

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