Douglas Thomas v. Shawn Woolum, Richard Kepler Charlotte Starcher Billie Waddell, Sr.

337 F.3d 720, 2003 U.S. App. LEXIS 14913, 2003 WL 21731305
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 28, 2003
Docket01-3227
StatusPublished
Cited by159 cases

This text of 337 F.3d 720 (Douglas Thomas v. Shawn Woolum, Richard Kepler Charlotte Starcher Billie Waddell, Sr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglas Thomas v. Shawn Woolum, Richard Kepler Charlotte Starcher Billie Waddell, Sr., 337 F.3d 720, 2003 U.S. App. LEXIS 14913, 2003 WL 21731305 (6th Cir. 2003).

Opinions

OPINION

MOORE, Circuit Judge.

Congress’s passage of the Prison Litigation Reform Act (“PLRA”) was an attempt to curb rampant prison litigation in the federal courts, but its enactment did not erode the role of the federal courts as vindicators of federal rights. The PLRA explicitly requires an inmate seeking to challenge prison conditions in federal court to exhaust any available administrative remedies, but the statute’s text does not condition access to the federal courts on satisfying the procedures and timelines of prison administrators. Thus, this case turns not on whether exhaustion is required, the answer to which is well settled, but on what exhaustion requires. We answer that question in light of Congress’s purpose in passing the PLRA and Supreme Court precedent regarding the ex[723]*723haustion doctrine’s oft-stated purpose: to give prison officials the first opportunity to address inmate complaints according to their rules and procedures without letting those timetables dictate the outcomes of § 1983 actions. Accordingly, we hold that so long as an inmate presents his or her grievance to prison officials and appeals through the available procedures, the inmate has exhausted his or her administrative remedies, and a prison’s decision not to address the grievance because it was untimely under prison rules shall not bar the federal suit. We also hold, however, that when a grievance does not give prison officials notice of the nature of the inmate’s complaint, the inmate has not met the PLRA’s requirements. We thus AFFIRM the judgment of the district court.

I. BACKGROUND

When inmate Douglas Thomas told a supervising officer at the North Central Correctional Institution (“NCCI”) that he felt stressed out and needed “to lay it down fora few days,” the officer instructed Corrections Officer Shawn Woolum to take Thomas down to the segregation unit. J.A. at 84 (Springer Incident Rep.). Woolum, with whom Thomas had exchanged angry words earlier that day, took the opportunity to retaliate. While walking Thomas down to segregation, Woolum instructed another inmate who was present to leave and began to pummel the handcuffed Thomas. Woolum struck Thomas from behind, slammed him into a steel door, and banged his face against the steel door and cement walls. Upon their arrival at the holding cell, Woolum slammed Thomas into a steel door frame, picked him up, and slammed his face and head again into a cement wall. Woolum then stomped on Thomas’s foot. Thomas was in handcuffs during the relevant time and did not resist. As a result of Woolum’s actions, Thomas suffered a broken clavicle, broken ribs, a broken foot, facial lacerations, and massive swelling. Thomas alleges that Officers Richard Kepler, Charlotte Starcher, and Billie Waddell, Sr. observed the beating, but they failed to intervene. That was on November 5, 1997.

Various investigations followed. Officers Woolum, Kepler, and Waddell, along with the supervising officer who had suggested Thomas go to segregation and the nurse who treated Thomas’s injuries, filed “incident reports,” as prison regulations require when an employee struggles with an inmate or observes such a struggle. Ohio Admin. Code § 5120-9-02(A)(B) (1997). Thomas also filed a voluntary statement the day after the incident, in which he described what had happened and noted, “At some point when I was being beaten while wearing handcuffs I seen officers looking but the only on[e] I knew was Bill[ie] Waddell.” J.A. at 153.

In accord with regulations, prison officials then formed a Use of Force Committee to investigate the incident. Having heard additional statements, including another statement from Thomas describing Woolum’s actions, the Use of Force Committee issued a report concluding that Woolum had used an inappropriate amount of force; after disciplinary proceedings some time later, Woolum was fired. Under the administrative code, however, the inmate has no right to view the report or the evidence used to create it.

In addition to the prison’s internal administrative inquiry, Thomas invoked the formal grievance procedure. After being transferred to the Allen Correctional Institution (“ACI”), on May 1, 1998, Thomas requested a grievance form in order to report the November 5 incident. On or about May 4, 1998, Thomas filed a Notification of Grievance with NCCI’s institu[724]*724tional inspector. The Notification of Grievance form requires the prisoner to state “[t]he nature of the Grievance” in specific terms. Thomas stated, in part, as follows:

[O]n Nov. 5th while I was at NOCI I was assaulted by [Corrections Officer] Woolum while I was in handcuffs and I -had several bones broken and have since been transferred to A.C.I. administratively. Also as you know the state troopers & the FBI have conducted investigations- The Prisonf ] Litigation Reform Act & Title 42 of the United States Code require[ ] that a prisoner must exhaust state remedies prior to litigation. Therefore I ask that[Corrections Officer] Woolum be removed and released from his employment with the Department of Corrections and that I am awarded 5 million dollars.

J.A. at 33. The institutional inspector denied relief, apparently because the grievance was not filed within the thirty-day period required by Department of Rehabilitation and Correction(“Department”) policy-

Thomas pursued his grievance. Following the initial denial, Thomas appealed to the Chief Inspector. Thomas argued that the ACI law library had been provided copies of Department policy manuals only in the last thirty to forty-five days, that the thirty-day time limit was a recent change in policy, and that prisoners had not been notified of the change in policy. On October 30,1998, the Chief Inspector denied Thomas relief, determining that the grievance was filed too late and that information regarding the Department’s new time-limit policy was available in the law library. Accordingly, the decision of the Chief Inspector stated, “This Office will take no further action in regard to your complaint at this time.” J.A. at 35.

Thomas filed a complaint in state court on November 5, 1998, against Woolum and John Does and Jane Does, alleging that Woolum applied excessive force and that the John Does and Jane Does failed to protect Thomas and prevent the beating. Thomas claims that during discovery for the state-court action, he learned that Kepler, Starcher, and Waddell were present during the beating and failed to protect him. Indeed, statements that officers had filed with their incident reports and the Use of Force investigation — statements that Thomas had no right to access — indicated that other officers might have observed Woolum’s actions and not intervened. Thomas learned through these documents, for example, that Officer Kepler “heard a loud noise coming from the sally port” and “exited the R.I.B. office to investigate,” J.A. at 88; that Officer Wad-dell “walked into the hall[when] Thomas was being put in a holding cell,” J.A. at 89, which meant that, according to the Use of Force Committee’s conclusions, Waddell might have watched Thomas being pushed in a way that caused his head to strike the wall; and that Officer Starcher admitted having seen Thomas in the holding cell. From these newly available statements, Thomas appears to have concluded that these three officers may have witnessed Woolum’s assault.

The state court action against Woolum and the John Does and Jane Does was then dismissed without prejudice on October 20, 1999, and Thomas filed the original complaint in U.S.

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Cite This Page — Counsel Stack

Bluebook (online)
337 F.3d 720, 2003 U.S. App. LEXIS 14913, 2003 WL 21731305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-thomas-v-shawn-woolum-richard-kepler-charlotte-starcher-billie-ca6-2003.