Goar v. Civiletti, 80-5333
| Decision Date | 13 September 1982 |
| Docket Number | No. 80-5333,80-5333 |
| Parties | Robert Benton GOAR, Plaintiff-Appellant, v. Benjamin CIVILETTI, Attorney General of United States of America; Norman Carlson, Director, Bureau of Prisons; Mr. McCune, Reg. Director, Bureau of Prisons; Robert Christensen, Warden, FCI, Ashland; Charles Crandall, Superintendent FCI, Ashland; Mr. E. Goss, Unit Manager, FCI, Ashland; Mr. D. Darworth, Unit Manager, FCI, Ashland; Mr. C. McCloud, Unit Counselor; Mr. R. Alvis, Unit Counselor; and Mr. Berry, Correctional Officer, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Robert Benton Goar, pro se.
David E. Melcher (court-appointed), Douglas Miller (argued), Cynthiana, Ky., for plaintiff-appellant.
Patrick H. Molloy, U. S. Atty., James A. Zerhusen, Asst. U.S. Atty., Lexington, Ky., F. Stine (argued), Newport, Ky., for defendants-appellees.
Before MERRITT and CONTIE, Circuit Judges, and NEESE, * District Judge.
For purposes of this appeal, we accept as true the following allegations: Robert Goar, an informant, was a federal prisoner at the Ashland, Kentucky, prison in early 1980. The sentencing judge cautioned that Goar should not be sent to Tallahassee, where the principal defendant against whom Goar had testified was imprisoned. After discovering that two inmates at Ashland knew he was an informant, Goar accepted a transfer to Atlanta. The principal defendant was then housed at Atlanta. Goar was transferred back to Ashland. Though he requested administrative segregation, he was placed in the general population. On August 23, 1980, he was attacked by an inmate who knew of Goar's informant activities. He suffered loss of blood from a head wound, a neck and jaw injury, for which he received inadequate medical treatment.
On September 15, 1980, Goar filed a complaint against various officials, alleging jurisdiction under 28 U.S.C. § 1331 for his constitutional tort claims for cruel and unusual punishment arising under the Eighth Amendment. He asked for $500,000 in damages and injunctive relief to prevent any future transfers to unsafe prisons. He was then in the process of exhausting his administrative remedies.
The lower court dismissed the action for failure to exhaust administrative remedies. We reverse and remand for further proceedings on the money damages claim.
A long line of Supreme Court cases recognizes the rule that a party need not exhaust administrative remedies before bringing a claim to federal court when the administrative remedy is inadequate or cannot provide the relief requested. See Patsy v. Florida International University, 634 F.2d 900, 903 (5th Cir. 1981), reversed on other grounds, --- U.S. ----, 102 S.Ct. 2557, 73 L.Ed.2d 172 (1982) and cases cited therein; McKart v. United States, 395 U.S. 185, 200, 89 S.Ct. 1657, 1666, 23 L.Ed.2d 194 (1969). This rule applies to the case before us.
Section 542.13, 28 Code of Federal Regulations, specifically excludes tort claims from the grievance procedures and administrative remedies available to federal prisoners: "Filings will not be accepted under the...
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