Freeman v. Watkins

479 F.3d 1257, 2007 U.S. App. LEXIS 6158, 2007 WL 779273
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 16, 2007
Docket06-1394
StatusPublished
Cited by55 cases

This text of 479 F.3d 1257 (Freeman v. Watkins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeman v. Watkins, 479 F.3d 1257, 2007 U.S. App. LEXIS 6158, 2007 WL 779273 (10th Cir. 2007).

Opinion

TYMKOVICH, Circuit Judge.

Russell E. Freeman, a Colorado state prisoner, files this pro se appeal of the district court’s dismissal of his civil rights case. In his 42 U.S.C. § 1983 complaint, Freeman asserted six violations of his constitutional rights: (1) denial of due process in connection with three disciplinary convictions, (2) cruel and unusual punishment based on the conditions of his confinement, (3) retaliation by the defendants, (4) unequal treatment based on his ethnic origin, (5) deprivation of personal property, and (6) denial of access to courts.

A magistrate judge ordered Freeman to file an amended complaint alleging specific facts (1) supporting the claims he is asserting, (2) demonstrating how each defendant personally participated in the alleged constitutional violations, and (3) clarifying how he has exhausted the administrative remedies for each claim. Although Freeman’s amended complaint sufficiently complied with the magistrate judge’s first two requirements, he failed to demonstrate that he exhausted administrative remedies for all of his claims. The district court found that Freeman properly exhausted remedies on his first claim — the validity of disciplinary convictions, but failed to do so on his remaining five claims. Because Freeman failed to comply with our “total exhaustion” requirement for prisoner § 1983 claims, the district court then dismissed the complaint and the entire action without prejudice.

*1259 Freeman appeals the district court’s determination. As he proceeds pro se, we construe his pleadings liberally. Cummings v. Evans, 161 F.3d 610, 613 (10th Cir.1998). In this appeal, Freeman argues that the district court erred in (1) applying the total exhaustion requirement to his § 1983 action; (2) raising the exhaustion requirement sua sponte, holding that it is not an affirmative defense, and placing the burden of establishing it on Freeman; (3) divesting itself of subject matter jurisdiction based on the failure to exhaust; (4) finding that Freeman did not exhaust his available remedies; and (5) denying his motion for leave in forma pauperis (IFP).

Under the prior precedent of this circuit, Freeman’s claims would have been unavailing. In Ross v. County of Bernalillo, 365 F.3d 1181, 1190 (10th Cir.2004), we construed the Prison Litigation Reform Act (PLRA) to append a “total exhaustion” requirement to § 1983 actions. Section 1997e(a) of Title 42 provides that “[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983] ... until such administrative remedies as are available are exhausted.” We interpreted this to require a prisoner to exhaust remedies on all his claims or face dismissal. Thus, if a prisoner submits a complaint containing one or more unex-hausted claims, the district court must generally dismiss the entire action without prejudice. Id.

Next, in Steele v. Fed. Bureau of Prisons, 355 F.3d 1204, 1209 (10th Cir.2003), we parted company with those circuits interpreting § 1997e(a)’s exhaustion requirement as an affirmative defense. See, e.g., Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). Rather, we concluded that § 1997e(a) charged prisoners with the burden of pleading exhaustion and a complaint “that fails to allege the requisite exhaustion of remedies is tantamount to one that fails to state a claim upon which relief may be granted.” Steele, 355 F.3d at 1210. Consequently, prisoners must “either attach copies of administrative proceedings or describe their disposition with specificity.” Id. at 1211. Failure to so plead or demonstrate exhaustion would foreclose litigation of the claims. The purpose of these two practices was to reduce the burden of prisoner litigation on the courts and was consistent with the PLRA’s mandate to judicially screen frivolous prisoner suits.

Nevertheless, during the pendency of Freeman’s appeal, the Supreme Court handed down a decision which effectively overruled both Ross and Steele. In Jones v. Bock, Warden, — U.S. -, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007), the Court resolved the circuit splits surrounding these two issues and (1) found “that the failure to exhaust is an affirmative defense under the PLRA, and that inmates are not required to specially plead or demonstrate exhaustion in their complaints,” id. at 921, and (2) specifically abrogated the “total exhaustion” requirement, id. at 923-26.

In concluding that exhaustion is an affirmative defense to be asserted and pleaded by defendants, the Court noted that under the Federal Rules of Civil Procedure practice a complaint requires only a “short and plain statement of the claim,” Rule 8(a), and exhaustion is usually treated as an affirmative defense, Rule 8(c). Id. at 919. The Court reasoned that, without specific leave from the PLRA, “courts should not depart from the usual practice under the Federal Rules on the basis of perceived policy concerns.” Id.

The Court also disagreed with our interpretation of § 1997e(a)’s “no action shall be brought” in Ross. While we construed “no action” to mean a prisoner’s entire case should be dismissed if it contained any unexhausted claim, the Court found this to be only “boilerplate language.” Id. at 924. Instead, it found that “statutory *1260 references to an ‘action’ have not typically-been read to mean that every claim included in the action must meet the pertinent requirement before the ‘action’ may proceed.” Id. Furthermore, the Court dismissed our policy argument that total exhaustion furthers the PLRA’s screening purpose. See Ross, 365 F.3d at 1190. On the contrary, the Court felt the rule could lead prisoners into filing separate suits with varying claims to avoid the harsh results of the “total exhaustion” requirement. Jones, 127 S.Ct. at 925-26. Accordingly, the Court mandated, “if a complaint contains both good and bad claims, ... court[s] proceed[ ] with the good and leavef ] the bad.” Id. at 924.

Since Jones overrules Steele and Ross, we have no choice but to reverse the district court’s order dismissing Freeman’s action. See Aquilar-Avellaveda v. Terrell, 478 F.3d 1223, 1225 (10th Cir.2007) (“Steele is no longer good law.”).

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Cite This Page — Counsel Stack

Bluebook (online)
479 F.3d 1257, 2007 U.S. App. LEXIS 6158, 2007 WL 779273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeman-v-watkins-ca10-2007.