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U.S. Court of Appeals for the Eighth Circuit, 1984 District court properly dismissed inmate's § 1983 suit against prison officials for repeated failure to comply with pretrial orders despite warnings.

District court properly dismissed inmate's § 1983 suit against prison officials for repeated failure to comply with pretrial orders despite warnings.

Burgs v. Sissel
U.S. Court of Appeals for the Eighth Circuit · Decided October 9, 1984
745 F.2d 526 (Federal Reporter, Second Series)

Outcome: Affirmed for appellee.

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Counsel

Nathan L. Burgs, Port Madison, Iowa, pro se., Thomas J. Miller, Atty. Gen. of Iowa, Gordon E. Allen, Sp. Asst. Atty. Gen., and Sarah J. Coats, Asst. Atty. Gen., Des Moines, Iowa, for appellees,

Burgs v. Sissel

What happened

The facts of the case, in plain language.

Burgs's pleadings were to a large extent incomprehensible and confusing, and he filed his claims on January 27, 1981, and thereafter sought numerous delays.

The district court on May 3, 1983, issued an order requiring Burgs to file a pretrial statement by May 13, 1983, clarifying the legal issues, and explicitly stated that failure to comply could result in dismissal of the action.

Burgs was given three opportunities to comply with the district court's pretrial order and was forewarned each time that failure to do so could result in dismissal.

Burgs failed to amend his pretrial narrative statement in response to the district court's January 5, 1984 order, which required amendment within ten days.

What the court decided

Nathan Lee Burgs, an inmate at Iowa Men's Penitentiary, sued prison officials John Sissel and William Sperfslage under 42 U.S.C. § 1983, alleging harassment for seeking legal redress and providing assistance to other inmates. The district court required him to file a pretrial statement by May 13, 1983, warning that failure to comply could result in dismissal. Despite receiving multiple extensions and three opportunities to comply, Burgs provided incomprehensible pleadings and failed to meet deadlines. The court issued a final order on January 5, 1984, requiring amendment within ten days. When Burgs failed to respond, the court dismissed on January 31, 1984. The Eighth Circuit affirmed, holding that while pro se pleadings receive liberal construction, litigants must still comply with procedural rules and court orders, and repeated failure justifies dismissal.

  1. Pro se litigants, though entitled to liberal construction of their pleadings, are not excused from compliance with substantive and procedural law.
  2. A district court may dismiss an action under Fed. R. Civ. P. 41(b) on its own motion when a plaintiff refuses to comply with court orders.
  3. A pattern of intentional delay by the plaintiff is sufficient to warrant dismissal with prejudice, notwithstanding that dismissal with prejudice is a drastic remedy.
  4. Where a pro se plaintiff repeatedly fails to comply with pretrial orders despite multiple extensions and explicit warnings that noncompliance may result in dismissal, the district court does not abuse its discretion in dismissing the action.

How the court reached its decision

The court's reasoning, step by step.

Whether the district court abused its discretion in dismissing a pro se § 1983 inmate complaint after the plaintiff repeatedly failed to comply with pretrial orders despite multiple extensions and explicit dismissal warnings. Burgs filed incomprehensible and confusing pleadings, sought numerous delays after January 1981, and received three separate opportunities to comply with the May 3, 1983 pretrial order, each time with explicit warning that noncompliance could result in dismissal. His October 1983 submission raised issues wholly unrelated to his original complaint, and he failed entirely to respond to the court's final order of January 5, 1984 requiring amendment within ten days. The district court did not abuse its discretion in dismissing the actions; the Eighth Circuit affirmed pursuant to 8th Cir. R. 12(a).

Key quotes from the opinion

Notable passages from the opinion, in the court's own words.

“Although pro se pleadings are to be construed liberally, pro se litigants are not excused from failing to comply with substantive and procedural law.”
Pro se litigants' duty to comply with procedural rules —
“A pro se litigant should receive meaningful notice of what is expected of him, but the court is not permitted to act as counsel for either party.”
Court's duty to pro se litigants —
“Although a dismissal with prejudice is a drastic remedy, a pattern of intentional delay by the plaintiff is sufficient to warrant such action by the trial court.”
Justification for dismissal due to pattern of delay —
“In this case, Burgs showed a lack of diligence in pursuing his suits and an apparent unwillingness to comply with the orders of the court. He was given three opportunities to comply with the district court's pretrial order and was forewarned each time that failure to do so could result in dismissal.”
Application to Burgs's conduct —

Cases the court relied on

Earlier decisions the court cited as authority for its ruling.

  • Garrison v. International Paper Co. (714 F.2d 757 (8th Cir. 1983)) — Establishes that a pattern of intentional delay by the plaintiff is sufficient to warrant dismissal with prejudice, the rule directly applied to affirm the dismissal below.
  • Schooley v. Kennedy (712 F.2d 372 (8th Cir. 1983)) — Holds that a pro se litigant must receive meaningful notice of what is expected but that the court may not act as counsel for either party.
  • M.S. v. Wermers (557 F.2d 170 (8th Cir. 1977)) — Confirms the district court's authority under Rule 41(b) to dismiss an action on its own motion for a plaintiff's failure to comply with court orders.
  • Moore v. St. Louis Music Supply Co. (539 F.2d 1191 (8th Cir. 1976)) — Establishes the abuse-of-discretion standard of review governing appellate review of district court dismissal orders.
  • Faretta v. California (422 U.S. 806 (1975)) — Cited for the foundational proposition that pro se litigants, despite the liberal construction afforded their pleadings, are not excused from compliance with substantive and procedural law.

Cases that cite this one

947 later published cases cite this decision. The 24 that cite it most often are listed here.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Full opinion

The complete text of the court's opinion as published.

Opinion of the Court

PER CURIAM.

Nathan Lee B lg from ^ dig. ^ courfg order dismissing his claim for injunctive relief and damages under 42 U.S.C. § 1983. Burgs, an inmate at the Iowa Men’s Penitentiary, alleged that defendants, John Sissel and William Sperfslage, harassed him for seeking redress of grievances in court and for providing legal assistance to fellow inmates at the Reformatory. Burgs further complained of discip]inary action taken fey ^ defendants in wMch he wag removed from his position as legal assistant and law library clerk. Burgg filed his claimg on January 27, 1981 and thereafter sought numerous delays. Becauge hig pleadings wer6) to a large ex. tent, incomprehensible and confusing, the district court on May 3, 1983, issued an order requiring Burgs to file a pretrial statement by May 13, 1983, clarifying the legal issues involved. The court also requested a written statement of the facts, a list of all exhibits Burgs intended to introduee, and the names and addresses of all witaesses he intended to call. The district court clearly stated that failure to comply with the order could result in dismissal of acti°n-

The court issued another order on May 11, 1983, staying the actions until August 1, 1983, and ordering plaintiff to advise the court in writing whether he intended to *528pursue the actions. On August 17, 1983, plaintiff requested appointment of counsel. The court denied the motion and further noted that plaintiff had failed to comply with the May 11, 1983, order. Burgs was given an additional two weeks to advise the court whether he intended to pursue the actions. Burgs filed a document on October 6, 1983, indicating his intention to proceed with the action. In attempting to comply with the court’s order requiring a pretrial statement, he listed members of the Iowa Board of Paroles as witnesses and challenged, among other things, the constitutionality of the rules and procedures of that Board. These charges were totally unrelated to his original complaint.

Finally, on January 5, 1984, the district court entered an order, indicating that if plaintiff did not amend his pretrial narrative statement within ten days, the actions would be dismissed. No action was taken within the time limit, and on January 31, 1984, the actions were dismissed.

Although pro se pleadings are to be construed liberally, pro se litigants are not excused from failing to comply with substantive and procedural law. Faretta v. California, 422 U.S. 806, 834-35 n. 46, 95 S.Ct. 2525, 2540-41 n. 46, 45 L.Ed.2d 562 (1975). A pro se litigant should receive meaningful notice of what is expected of him, but the court is not permitted to act as counsel for either party. Schooley v. Kennedy, 712 F.2d 372, 373 (8th Cir. 1983). A district court has power to dismiss an action for refusal of the plaintiff to comply with any order of court, Fed.R.Civ.P. 41(b), and such action may be taken on the court’s own motion. M.S. v. Wermers, 557 F.2d 170, 175 (8th Cir. 1977). Welsh v. Automatic Poultry Feeder Co., 439 F.2d 95, 96 (8th Cir. 1971). Although a dismissal with prejudice is a drastic remedy, a pattern of intentional delay by the plaintiff is sufficient to warrant such action by the trial court. Garrison v. International Paper Co., 714 F.2d 757, 760 (8th Cir. 1983). The standard of review from a dismissal order is whether the district court has abused its discretion. Moore v. St. Louis Music Supply Co., 539 F.2d 1191, 1193 (8th Cir. 1976).

In this case, Burgs showed a lack of diligence in pursuing his suits and an apparent unwillingness to comply with the orders of the court. He was given three opportunities to comply with the district court’s pretrial order and was forewarned each time that failure to do so could result in dismissal. The district court finally dismissed the actions when Burgs did not respond in time to its order of January 5, 1984. We find the district court did not abuse its discretion, and accordingly affirm the judgment of the district court pursuant to 8th Cir. R. 12(a).

Continue your research

  • Eighth Circuit cases applying the pattern-of-delay standard for dismissal with prejudice under Rule 41(b)
  • Cases distinguishing the duty of pro se litigants to comply with procedural rules from the liberal-pleading-construction standard
  • Secondary sources on district court authority to dismiss sua sponte under Fed. R. Civ. P. 41(b)
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