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Gaves v. Norris

United States Court of Appeals, Eighth Circuit
Jul 17, 2000
218 F.3d 884 (8th Cir. 2000)
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Summary

holding prisoners must: fully and properly exhaust their administrative remedies as to each claim mentioned in the complaint; and complete the exhaustion process before filing an action in federal court

Summary of this case from May v. Musselwhite
See 25 Summaries

Opinion

No. 99-3626

Submitted: April 7, 2000

Filed: July 17, 2000

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

Willie Graves, Billy Hale, Reginald Early, David Lewis, pro se.

Kimberly A. Witherspoon, Little Rock, AR, argued, for appellee.

Before LOKEN, FAGG, and HANSEN, Circuit Judges.

PER CURIAM.

Four Arkansas inmates appeal the district court's dismissal without prejudice of their 42 U.S.C. § 1983 action filed against various prison officials challenging various conditions of their confinement. The district court dismissed the suit under 42 U.S.C. § 1997e(a) for failure to exhaust available prison administrative remedies. In their prose brief on appeal, plaintiffs admit "that they made a mistake in prematurely filing their lawsuit," but argue that the district court abused its discretion in dismissing the suit without prejudice because their prison grievances were in process when the suit was filed, and some grievances were administratively denied before the district court ruled.

The HONORABLE GEORGE HOWARD, JR., United States District Judge for the Eastern District of Arkansas.

Section 1997e(a) provides that "[n]o action shall be brought with respect to prison conditions under [§ 1983] by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." When multiple prison condition claims have been joined, as in this case, the plain language of § 1997e(a) requires that all available prison grievance remedies must be exhausted as to all of the claims. Here, it is apparent that at least some of the plaintiffs' many claims were not fully exhausted at the time the district court dismissed the action without prejudice.

Defendants filed a motion requesting an initial hearing en banc to consider whether our decision in Williams v. Norris, 176 F.3d 1089, 1090 (8th Cir. 1999) — that it is improper to dismiss without prejudice when available prison administrative remedies are exhausted "at the time the [district] court ruled" — is contrary to the plain language of § 1997e(a) ("no action shall be brought"), as construed by a number of our sister circuits. See, e.g., Perez v. Wisconsin Dept. of Corrections, 182 F.3d 532, 534- 35 (7th Cir. 1999); Brown v. Toombs, 139 F.3d 1102, 1104 (6th Cir.), cert. denied, 525 U.S. 833 (1998); cf. Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir. 1998), cert. denied, 526 U.S. 1133 (1999). We need not address that issue because it is clear from the record that at least some of plaintiffs' claims were unexhausted when the district court ruled.

The court has denied defendants' motion for initial hearing en banc. We deny plaintiffs' responsive motion for appointment of counsel and an extension of time to reply. The judgment of the district court is affirmed.

Summaries of

Gaves v. Norris

United States Court of Appeals, Eighth Circuit
Jul 17, 2000
218 F.3d 884 (8th Cir. 2000)

holding prisoners must: fully and properly exhaust their administrative remedies as to each claim mentioned in the complaint; and complete the exhaustion process before filing an action in federal court

Summary of this case from May v. Musselwhite

holding prisoners must: fully and properly exhaust their administrative remedies as to each claim mentioned in the complaint; and complete the exhaustion process before filing an action in federal court

Summary of this case from Hill v. Greene Cnty.

holding that "all available prison grievance remedies must be exhausted as to all of the [plaintiff's] claims"

Summary of this case from McKinley v. Wilkerson

holding that "all available prison grievance remedies must be exhausted as to all of the [plaintiff's] claims"

Summary of this case from Russell v. Moss

holding dismissal was required where at least some of the prisoner plaintiff's claims were unexhausted

Summary of this case from Harris v. Kempker

holding that "all available prison grievance remedies must be exhausted as to all of the [plaintiff's] claims"

Summary of this case from Barber v. Hurst

holding that "all available prison grievance remedies must be exhausted as to all of the [plaintiff's] claims"

Summary of this case from Johnson v. Yancey

holding that "[w]hen multiple prison condition claims have been joined, as in this case, the plain language of § 1997e requires that all available prison grievance remedies must be exhausted as to all of the claims"

Summary of this case from Hubbard v. Thakur

holding that "[w]hen multiple prison condition claims have been joined . . . the plain language of § 1997e requires that all available prison grievance remedies must be exhausted as to all of the claims"

Summary of this case from Rivera v. Whitman

affirming dismissal where some but not all claims were exhausted after filing of complaint and before district court's ruling

Summary of this case from Neal v. Goord

dismissing petition when not all claims are exhausted

Summary of this case from Jones v. Norris

explaining that a prisoner must fully and properly exhaust his administrative remedies in regard to each claim before filing a lawsuit in federal court

Summary of this case from McWhirter v. Ramsey

In Graves, the court held that when an inmate fails to exhaust some of his claims, 42 U.S.C. § 1997e(a) requires dismissal of the entire action, including any exhausted claims.

Summary of this case from Elkins v. Schrubbe

requiring the dismissal of the entire case if it includes at least one unexhausted claim

Summary of this case from Goodman v. Thomas

explaining that all available grievance remedies must be exhausted as to all claims

Summary of this case from Monaco v. Sawyer

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Brown v. Alameida

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Pogue v. Calvo

dismissing without prejudice prisoner action containing exhausted and unexhausted claims because § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Williams v. Lamarque

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Ellison v. California Department of Corrections

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Martinez v. Lamarque

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Thomas v. Lamarque

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all claims brought in prisoner action

Summary of this case from Davis v. Calvo

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Givens v. City and County of San Francisco

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from YOUNG v. SHERIFF RUPF

dismissing without prejudice § 1983 prisoner action containing exhausted and unexhausted claims because plain language of § 1997e requires that available administrative remedies be exhausted as to all of the claims brought in a prisoner action

Summary of this case from Houseman v. Captatn Padilla
Case details for

Gaves v. Norris

Case Details

Full title:Willie Graves; Billy Hale; Reginald Early; David Lewis, Appellants, v…

Court:United States Court of Appeals, Eighth Circuit

Date published: Jul 17, 2000

Citations

218 F.3d 884 (8th Cir. 2000)

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