ILNews

7th Circuit rules on Indiana's prison grievance process

Back to TopCommentsE-mailPrintBookmark and Share

Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.

But the federal appellate panel didn't say what happens if prison officials mislead an inmate about what he or she must do or the relief received when participating in that kind of internal investigation behind bars.

In its decision Tuesday in Christopher R. Pavey v. Patrick Conley, No. 3:03-CV-662, the 7th Circuit examined a case from U.S. Judge Robert Miller in the Northern District of Indiana.

This is the third time in the past five years that the federal appeals court has ruled on this offender suit, which involves an inmate incarcerated at Indiana State Prison for a 1998 murder in Shelby County. Christopher Pavey claims that state prison officials violently removed him from his cell in October 2001 and, in the process, broke his arm. He filed a complaint about the incident about three months after it happened, saying that the injury to his writing arm and hand prevented him from using the required pre-printed form to file a grievance within 48 hours. Although Pavey could have asked a prison official to assist him in filing that grievance, the inmate didn't do that. But Pavey did talk with another guard about 12 hours after the incident, and he alleged that the cell removal was retaliation by another guard because of his history of filing 10 past grievances.

That discussion resulted in an internal prison investigation, which did not produce evidence of prison misconduct and resulted in Pavey being disciplined for his role in the altercation. But Pavey argued that his participation in that initial investigation and what prison officials led him to believe about starting the grievance process satisfied his requirements in filing a claim about the incident.

The 7th Circuit remanded the case in 2006 because of factual disputes, and in 2008 the court reversed Miller’s ruling that held Pavey had the right to a jury trial on any debatable fact issue relating to a failure to exhaust administrative remedies. The Supreme Court of the United States declined to consider that issue.

After that last remand, the District court held an evidentiary hearing and determined Pavey didn't exhaust his administrative remedies. That's the subject of this current appellate ruling.

The appellate panel found no error in what the District court decided and ruled that Pavey's testimony about what prison officials told him didn't coincide with what prison staff and evidence showed. The judges pointed to the magistrate judge's thought that Pavey "had spun a fantastic yarn" and found that Pavey didn't request assistance as he should have in filing the grievance. While Pavey argued that the prison administrative procedures are "silent as to what an inmate must do to properly initiative the grievance process when seeking staff assistance in filing a grievance," the 7th Circuit judges disagreed and found the rules are very clear about the required procedures.

"Perhaps what Pavey means to say is not that he complied with the procedures for initiating the grievance process, but rather that he accomplished the same objective by participating in an internal-affairs investigation," Judge Diane Sykes wrote for the panel that also included Judges David Hamilton and Diane Wood. "This argument raises a question this Circuit has not addressed: Does participating in an internal-affairs investigation exhaust a prisoner's available administrative remedies under Sec. 1997e(a)?"

The panel relied on rationale from the 6th and 9th Circuit Courts of Appeals, which have addressed the question and held that participation in an internal prison investigation is no substitute for an available grievance process. They found the law is concerned with "remedies" made available to prisoners while an internal-affairs investigation doesn't ordinarily offer a remedy to prisoners on the receiving end of the employee's malfeasance.

"And even if the internal-affairs investigation could result in some relief for the prisoner, the Supreme Court (of the United States) has rejected suggestion that prisoners are permitted to pick and choose how to present their concerns to prison officials," Sykes wrote. "If a prisoner can be required to submit his grievance in the particular manner and within the precise period of time designated by the prison's administrative procedures, then he must also be required to present his grievance in the proper forum."

As far as prison staff misleading an inmate into thinking that participation in an investigation could jump start the grievance process, the 7th Circuit looked to its own caselaw and other federal precedent to point out that an administrative remedy isn't "available" and doesn't need to be exhausted if prison officials erroneously or inaccurately inform someone about a remedy or how he or she needs to pursue it. Without drawing a bright line or holding any standard on that broader question, the 7th Circuit in this case found that Pavey's testimony proves he was not mislead as he claimed.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

ADVERTISEMENT