Massey v. Helman

• Decision Date: 30 July 2001
• Docket Number: No. 00-1478,00-1478
• Citation: 259 F.3d 641
• Parties: (7th Cir. 2001) MICHAEL MASSEY, inmate at the Federal Correctional Center in Pekin, Illinois, ANTHONY LEISURE, inmate at the Federal Correctional Center in Pekin, Illinois, JERMAINE FRANKLIN, inmate at the Federal Correctional Center in Pekin, Illinois, et al., Plaintiffs-Appellants, v. DAVID W. HELMAN, Warden of the Federal Correctional Center in Pekin, Illinois, in his official and individual capacity, FERDINAND SOMALIA, Health Services Administrator of the Federal Correctional Center in Pekin, Illinois, in his official and individual capacity, MIGUEL GONZALEZ, Assistant Warden of the Federal Correctional Center in Pekin, Illinois, in his official and individual capacity, et al., Defendants-Appellees
• Court: U.S. Court of Appeals — Seventh Circuit

Page 641

259 F.3d 641 (7th Cir. 2001)

MICHAEL MASSEY, inmate at the Federal Correctional Center in Pekin, Illinois, ANTHONY LEISURE, inmate at the Federal Correctional Center in Pekin, Illinois, JERMAINE FRANKLIN, inmate at the Federal Correctional Center in Pekin, Illinois, et al., Plaintiffs-Appellants, v. DAVID W. HELMAN, Warden of the Federal Correctional Center in Pekin, Illinois, in his official and individual capacity, FERDINAND SOMALIA, Health Services Administrator of the Federal Correctional Center in Pekin, Illinois, in his official and individual capacity, MIGUEL GONZALEZ, Assistant Warden of the Federal Correctional Center in Pekin, Illinois, in his official and individual capacity, et al., Defendants-Appellees.

No. 00-1478

In the United States Court of Appeals For the Seventh Circuit

ARGUED OCTOBER 26, 2000

DECIDED July 30, 2001

Appeal from the United States District Court for the Central District of Illinois. No. 99 C 3020--Richard Mills, Judge.

Before BAUER, POSNER and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Michael Massey and thirteen other inmates (collectively "Mr. Massey") at the Federal Correctional Center in Pekin, Illinois ("FCC Pekin" or "the prison"), brought this Bivens action against the warden, the assistant warden, the health services administrator, and the medical director of the Bureau of Prisons (collectively "the defendants").¹ Mr. Massey sought money damages for alleged violations of the Eighth Amendment. On the defendants' motion, the district court dismissed Mr. Massey's complaint without prejudice for failure to exhaust administrative remedies. Mr. Massey now appeals. We deferred our decision in this case until the Supreme Court of the United States rendered its decision in Booth v. Churner, 121 S. Ct. 1819 (2001). For the reasons set forth in the following opinion, we now affirm the judgment of the district court.

I BACKGROUND

A. Facts²

Prior to his incarceration at FCC Pekin in March 1996, Mr. Massey suffered an abdominal hernia. Dr. John Otten, a physician at FCC Pekin, recommended that Mr. Massey have surgery to repair the hernia, but no surgery was arranged immediately. Indeed, Mr. Massey's hernia was not repaired surgically until January 28, 1998.³

FCC Pekin maintains an administrative review procedure through which inmates can raise grievances regarding the conditions of their confinement, including their medical care. The procedure requires the sequential filing of four forms. First, an inmate must file a form called a BP-8 with the prison staff.⁴ If the inmate is dissatisfied with the response he receives, he must file a BP-9 seeking administrative review with the warden. See 28 C.F.R. sec. 542.14(a). If the inmate is dissatisfied with the warden's resolution of his grievance, he has twenty days to file a BP-10 with the Bureau of Prisons' regional director. See 28 C.F.R. sec. 542.15(a). If the inmate is dissatisfied with the regional director's disposition, his fourth and final appeal must be made to the Bureau of Prisons' general counsel by filing a BP-11 within thirty days. See id.

B. Procedural History

1.

Mr. Massey never used FCC Pekin's four- step administrative review procedure to protest the quality of the medical care he had received.⁵ Instead, he embarked on a course of litigation against various officials at FCC Pekin, including the defendants in this case. See Massey v. Helman, 196 F.3d 727 (7th Cir. 2000), cert. denied, 121 S. Ct. 2214 (2001) ("Massey I"); see also Massey v. Wheeler, 221 F.3d 1030 (7th Cir. 2000) ("Massey II"). Mr. Massey filed his first suit, Massey I, prior to the time his hernia was repaired surgically; he alleged that the defendants violated his Eighth Amendment rights by maintaining policies that deprived him of necessary medical care for his hernia. See Massey I, 196 F.3d at 731. We upheld the district court's dismissal of his complaint for failure to exhaust his administrative remedies as required by 42 U.S.C. sec. 1997e(a). See id. at 732-35. We held that, because Mr. Massey's hernia had not yet been repaired at the time he filed suit, the administrative grievance procedure might have provided him with some form of relief; therefore, administrative remedies were available to him within the meaning of sec. 1997e(a). See id. at 734.⁶

2.

Mr. Massey filed the present suit on January 20, 1999, after his hernia had been repaired surgically. He raised the same Eighth Amendment claims he had raised in his first suit. The defendants moved to dismiss Mr. Massey's complaint on March 24, 1999, for failure to exhaust administrative remedies. The defendants attached to their motion fourteen affidavits, one for each plaintiff, that indicated that none of the plaintiffs had completed the four-step administrative review process.

On April 8, 1999, Mr. Massey filed an amended complaint in which he alleged that administrative remedies were unavailable to him because he sought only money damages that the grievance procedure could not provide. Mr. Massey subsequently submitted to the district court a copy of a form he gave to his unit manager, Suzanne Wheeler. The form-- dated February 19, 1999--asked that Wheeler provide Mr. Massey with the BP-8, 9, 10, and 11 forms. Wheeler returned Mr. Massey's written request with a notation that the BP forms were given out one at a time, and, that if Mr. Massey wanted the forms for litigation, he would have to obtain them through discovery.

On the basis of Wheeler's refusal to provide him with the four BP forms, Mr. Massey argued to the district court that there were no administrative remedies available to him because he was being denied the forms he needed to use the prison's grievance procedure. Mr. Massey also asked that the district court convert the defendants' motion to dismiss into one for summary judgment because the defendants had attached affidavits to the motion. Lastly, Mr. Massey asked that he be allowed to conduct discovery to explore his claim that administrative remedies were unavailable.

The district court denied each of Mr. Massey's requests and granted the defendants' motion to dismiss. Relying on our decisions in Massey I and Perez v. Wisconsin Department of Corrections, 182 F.3d 532 (7th Cir. 1999), the district court held that Mr. Massey was required to exhaust the prison's administrative review process, even if that process could not provide him with the money damages he sought. The court noted that Mr. Massey had alleged in his complaint only that administrative remedies would not provide him the relief he sought; he had not alleged that he had exhausted the prison's administrative remedies, as required by sec. 1997e(a). Further, the court stated that it did not rely on any of the affidavits the parties submitted in reaching its decision to grant the defendants' motion. Therefore, the court did not convert the motion to dismiss into one for summary judgment.

The court also was unpersuaded by Mr. Massey's claim that he was denied the forms he needed to use the prison's grievance process. The court noted that Mr. Massey's request for the forms was dated February 19, which was after the time he had filed his suit. Because Mr. Massey had not attempted to use the prison's administrative review procedure prior to the time he filed suit, he had not exhausted his administrative remedies.

3.

Following the district court's dismissal of his complaint, Mr. Massey filed a motion to alter or amend the court's order. He attached to his motion an affidavit from his attorney in which his attorney stated that he had credible evidence that there was a conspiracy at FCC Pekin to deny inmates access to the prison's administrative review process. The district court denied Mr. Massey's motion without addressing the attorney's affidavit. Mr. Massey then filed this appeal.

II DISCUSSION

We review a district court's dismissal of a complaint de novo. See Massey I, 196 F.3d at 732. We accept all well-pleaded allegations as true and draw all reasonable inferences in favor of the plaintiff. See id. We shall affirm the dismissal only if it is clear that no relief is warranted under any set of facts that could be proven consistent with the allegations. See id.

Following its amendment by the Prison Litigation Reform Act of 1995,⁷ 42 U.S.C. sec. 1997e(a) provides:

No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.

In an effort to excuse his failure to employ FCC Pekin's four-step administrative review procedure, Mr. Massey offers several explanations for why administrative remedies are not "available" to him within the meaning of sec. 1997e(a).

A.

Mr. Massey submits that there are no administrative remedies available to him because FCC Pekin's grievance procedure cannot provide him with money damages, which is the only form of relief he seeks. The Supreme Court's recent decision in Booth forecloses this argument. The Supreme Court held in Booth that, so long as the relevant administrative process has the authority to take some action in response to a complaint, an inmate must exhaust that process, even if he will not obtain the specific form of relief he desires. See Booth v. Churner, 121 S. Ct. 1819, 1823 & 1825 (2001) ("Congress has mandated exhaustion clearly enough, regardless of the relief offered through administrative procedures."). Mr. Massey has not alleged that FCC Pekin has no authority to respond to his administrative complaint in some manner; instead, he alleges only that using FCC Pekin's grievance process would be futile because it will not provide him with money damages. Booth mandates, however, that we may "not read futility or other exceptions into statutory exhaustion requirements where Congress has provided otherwise." Id. at 1825 n.6. Thus, we cannot...