Harris v. Garner

216 F.3d 970, 2000 WL 827324
Court of Appeals for the Eleventh Circuit·Decided June 27, 2000·No. No. 98-8899·Published·Cited by 386 cases

Opinions

CARNES, Circuit Judge:

In an effort to stem the flood of prisoner lawsuits in federal court, Congress enacted the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (“PLRA”). One of the provisions of the PLRA states that:

No Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury.

42 U.S.C. § 1997e(e). We granted rehearing en banc in this case to decide whether the provision applies to lawsuits that are filed while the plaintiff is a confined prisoner but which are not decided until after he is released from confinement. We hold it does.

I. BACKGROUND

The factual and legal background of this case is set forth in some detail in the panel opinion, Harris v. Garner, 190 F.3d 1279, vacated, reh’g granted en banc, 197 F.3d 1059 (11th Cir.1999), and we will not repeat it at length here. Suffice it to say that eleven inmates of a Georgia prison filed a lawsuit claiming that their federal constitutional rights had been violated during a prison “shakedown.” All eleven of them were confined in the prison when the lawsuit was filed, but by the time the district court entered judgment fifteen- and-a-half months later six of the inmate plaintiffs had been released from confinement.1 The district court nonetheless applied section 1997e(e) to bar those six prisoners’ claims for monetary relief, because they had not alleged the requisite physical injury.

A panel of this Court reversed the district court’s judgment insofar as it applied section 1997e(e) to the monetary claims of those six plaintiffs, see Harris, 190 F.3d at 1284-85, but we granted rehearing en banc, see Harris, 197 F.3d 1059 (11th Cir.1999), which vacated the panel opinion. We now reinstate all of the panel opinion except for Part III A, which is the part that concerns this issue, and except for Part IV, the Conclusion, insofar as it relates to this issue. For the reasons that follow, we affirm the district court’s judgment in part and vacate and remand it in part.

II. DISCUSSION

A. The Plain Language of the Statute

We begin our construction of section 1997e(e) where courts should always begin the process of legislative interpretation, and where they often should end it as well, which is with the words of the statutory provision. See United States v. Gilbert, 198 F.3d 1293, 1298 (11th Cir.1999) (citing United States v. Steele, 147 F.3d 1316, 1318 (11th Cir.1998) (en banc) (“In construing a statute we must begin, and often should end as well, with the language of the statute itself.”) (citations omitted)); see also Connecticut Nat’l Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, [973]*9731149, 117 L.Ed.2d 391 (1992) (“[I]n interpreting a statute a court should always ton first to one, cardinal canon before all others,” which is “that courts must presume that a legislature says in a statute what it means and means in a statute what it says there;” and “[w]hen the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry is complete.”) (citations and marks omitted).

Insofar as the issue before us is concerned, the operative language of section 1997e(e) is “No federal civil action may be brought by a prisoner confined ...,” and the load-bearing word is “brought,” a derivative of the verb “bring” in the third person singular, passive voice. The dispositive question is whether “bring” means to commence or start a lawsuit, or instead means to maintain or continue it to conclusion.2

The standard legal dictionary answers that question as follows: “To ‘bring’ an action or suit has a settled customary meaning at law, and refers to the initiation of legal proceedings in a suit.” Black’s Law Dictionary 192 (6th ed.1990); accord 5 Words and Phrases, “Begun” (1968) (defining “begun” or “brought” to mean “commenced”). That is the generally accepted meaning of the term, and this is not the first time we have had occasion to say so. In EEOC v. Eastern Airlines, Inc., 736 F.2d 635, 639 (11th Cir.1984), we were called upon to interpret section 7(c)(1) of the Age Discrimination in Employment Act, which provides that the right of any person “to bring” a private action under that statute terminates upon the commencement of an enforcement action by the EEOC. The defendant in the case argued that “to bring” means filing or continuing a lawsuit, so that once the EEOC starts an enforcement action, section 7(c)(1) bars a private plaintiff from continuing a previously filed lawsuit. See id. at 639. We rejected that position, agreeing instead with the Second Circuit’s decision in Bums v. Equitable Life Assurance Soc. of the U.S., 696 F.2d 21, 23 (2d Cir.1982), that “the words ‘to bring’ mean only ‘to commence,’ rather than to ‘commence or maintain.’ ” See EEOC, 736 F.3d at 639-40. The same is true here.

The Supreme Court has reached an identical conclusion about the meaning of “bring” and “brought.” Hoffman v. Blaski, 363 U.S. 335, 341, 80 S.Ct. 1084, 1089, 4 L.Ed.2d 1254 (1960), involved 28 U.S.C. § 1404(a), the venue provision which permits the transfer of “any civil action to any other district or division where it might have been brought.” The argument was made that because the statute is remedial, the words “‘where it might have been brought’ should be held to relate not only to the time of the bringing of the action, but also to the time of the transfer.” See id. at 342, 80 S.Ct. at 1089. The Supreme Court rejected that position, in large part because the statutory language was “unambiguous, direct [and] clear,” id. at 343, 80 S.Ct. at 1089, and interpreting “might have been brought” to refer to anything other than the time the lawsuit was filed would “do violence to the plain words” of the statute. Id. at 344, 80 S.Ct. at 1090. The same is true here.

This is not new ground. The Supreme Court first broke it one hundred and seventeen years ago, when it had occasion to apply a legislative requirement that a lawsuit be “brought within 90 days after the [974] decision” of a government official. The Court said this:

A suit is brought when in law it is commenced, and we see no significance in the fact that in the legislation of congress on the subject of limitations the word “commenced” is sometimes used, and at other times the word “brought.” In this connection the two words evidently mean the same thing, and are used interchangeably.

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Harris v. Garner, 216 F.3d 970, 2000 WL 827324 (11th Cir. 2000).

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