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SCOTUS denies cert in Indiana case

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The nation's highest court has declined to take an Indiana case asking whether a prisoner suing under the Prison Litigation Reform Act has the right to a jury trial on any debatable factual issue relating to a failure to exhaust administrative remedies.

In a June 2008 ruling, the 7th Circuit Court of Appeals in Chicago decided in Christopher Pavey v. Patrick Conley, et al., No. 07-1426, that prisoner Pavey didn't have that right. The panel had reversed a ruling from U.S. District Judge Robert Miller in the Northern District of Indiana's South Bend Division, who'd decided that the answer to that question was yes.

The Supreme Court of the United States considered the case during its private conference March 20 and issued a denial in its order list released today. Therefore the 7th Circuit's decision stands.

Pavey sued under 42 U.S.C. §1983 against a prison guard who he claimed, in removing him from his cell, used excessive force and broke his arm. Defendants claimed Pavey hadn't exhausted his administrative remedies because he hadn't filed a timely grievance with prison authorities; Pavey responded that his injury and subsequent transfer to another prison prevented him from doing that. He argued any factual issues should be resolved by a judge without a jury, unless that jurist decided to convene an advisory jury.

But in rejecting his claim, the 7th Circuit noted the generalization that emerges from such examples is that juries do not decide what forum a dispute should be resolved in.

"Juries decide cases, not issues of judicial traffic control," authoring Judge Richard Posner wrote. "Until the issue of exhaustion is resolved, the court cannot know whether it is to decide the case or the prison authorities are to."

Only one appellate court has weighed in on the question of whether a prisoner has a right to a jury trial if genuine issues of material fact exist about compliance with the duty to exhaust, the panel wrote. In Wyatt v. Terhune, 315 F.3d 1108, 1119-20 (9th Cir. 2003), the 9th Circuit held that because previous cases had held that a failure to exhaust remedies is a "matter in abatement," properly raised not by a motion for summary judgment but by a motion under Fed. R. Civ. P. 12(b), the judge must decide exhaustion even if that requires him to make findings of fact.

Not finding that approach persuasive, Judge Posner wrote that the panel also agreed with the result from its appellate colleagues because Rule 12(b) doesn't say anything about who finds the facts. Defendants are also correct in noting that not every factual issue is triable to a jury as a matter of right.

"We emphasize that discovery with respect to the merits must not be begun until the issue of exhaustion is resolved. If merits discovery is allowed to begin before that resolution, the statutory goal of sparing federal courts the burden of prisoner litigation until and unless the prisoner has exhausted his administrative remedies will be thwarted."

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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