Jacob Townsend v. Terry Murphy
Opinion
Jacob Townsend, an inmate at Arkansas's Tucker Unit prison, sued three prison officials for requiring him to work with deadly chlorine gas without proper training and safety gear. The district court granted summary judgment to the officials based on Townsend's failure to exhaust his administrative remedies. Because an administrative remedy was unavailable against one of the officials, we affirm in part, reverse in part, and remand.
I.
To comply with the first step of the prison's administrative procedures, Townsend submitted an informal written complaint to Sergeant Jeavon Perry, one of the prison's assigned "problem solvers." Townsend alleged that Terry Murphy, his supervisor at the prison's water-treatment plant, had required him to work with chlorine gas without safety training and equipment. Six weeks later, after having not received a response to his informal complaint, Townsend filed a formal grievance.
The prison rejected Townsend's filing, which according to an administrative directive was due six business days after he submitted his informal complaint. Because Townsend missed the six-day deadline by over five weeks, the prison refused to consider the merits of his grievance.
After failing to obtain administrative relief, Townsend filed a lawsuit under
In response to the defendants' summary-judgment motion, Townsend submitted a sworn declaration stating that Sergeant Perry repeatedly told him, including just three days after he filed his informal complaint, not to file a formal grievance until he received a response to his informal complaint. According to the declaration, the prison also ignored his serial requests to visit the prison's library to review the only available copy of the administrative directive, the contents of which were not "common knowledge." Townsend claimed that his inability to access the prison's library and Perry's misleading advice rendered the formal-grievance procedure "unavailable." The defendants did not respond to Townsend's declaration with their own evidence.
The district court granted summary judgment to all three defendants, concluding that Townsend's failure to follow the administrative directive was fatal to his lawsuit. Townsend appeals the court's summary-judgment ruling, specifically the conclusion that he failed to exhaust his administrative remedies.
II.
We review a grant of summary judgment de novo.
See
Porter v. Sturm
,
A.
Under the Prison Litigation Reform Act (PLRA), a prisoner who wishes to challenge his conditions of confinement typically must exhaust administrative remedies "in accordance with the [prison's] applicable procedural rules, including deadlines," before bringing a lawsuit.
Woodford v. Ngo
,
This is exactly what Townsend says happened. According to Townsend's sworn declaration, Sergeant Perry misled him by advising him not to file a formal grievance, the second step in the prison's administrative process, without first receiving a response to his informal complaint.
Accord
Davis v. Fernandez
,
B.
The appeal is not over for Romine and White, however, who are still entitled to summary judgment if Townsend was required to name them in his informal complaint, something he indisputably did not do. Townsend, for his part, is silent on the availability of the informal-complaint process, except to argue that the unavailability of the formal-grievance procedure somehow draws into question whether he was required to separately comply with the requirements for filing an informal complaint.
A prisoner cannot opt out of all administrative remedies even when some are unavailable.
Ross
makes clear that a prisoner must "exhaust available remedies," including "grievance procedures that are 'capable of use' to obtain 'some relief,' " but "need not exhaust unavailable ones."
Alternatively, Townsend argues that he fully exhausted his remedies against Romine and White by filing an informal complaint with Sergeant Perry. As the Supreme Court has explained, "the boundaries of proper exhaustion" depend on the prison's specific administrative requirements.
Jones v. Bock
,
III.
We affirm the grant of summary judgment to Romine and White, reverse as to Murphy, and remand to the district court for further proceedings consistent with this opinion.
Reference
- Full Case Name
- Jacob James TOWNSEND, Plaintiff-Appellant v. Terry MURPHY, Water Treatment Supervisor, ADC Tucker Unit; Richard Romine, Water Treatment/Outside Maintenance Supervisor; David White, Warden, Tucker Unit, Defendants-Appellees
- Cited By
- 62 cases
- Status
- Published