Ramirez v. Young

906 F.3d 530
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 9, 2018
DocketNo. 15-3298
StatusPublished
Cited by156 cases

This text of 906 F.3d 530 (Ramirez v. Young) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramirez v. Young, 906 F.3d 530 (7th Cir. 2018).

Opinion

Wood, Chief Judge.

*533Under the Prison Litigation Reform Act of 1995 (PLRA), "[n]o action shall be brought with respect to prison conditions under [ 42 U.S.C. § 1983 ], or any other Federal law, by a prisoner ... until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a) (emphasis added). This appeal concerns the availability of administrative remedies described to a prisoner by prison officials only in a language they knew he could not understand. We hold that this was not enough to render those remedies "available" to the prisoner. We therefore reverse the judgment dismissing Darwin Ramirez's federal suit for failure to exhaust and remand for further proceedings.

I

Ramirez, who is a Spanish speaker, sued administrators and officers of the Western Illinois Correctional Center under 42 U.S.C. § 1983 for alleged constitutional wrongs. He was in prison at the time he filed his action, and so it was subject to the PLRA's exhaustion requirement. See 42 U.S.C. § 1997e(a).

Western Illinois indisputably had administrative remedies available for prisoners' use. Ramirez did not use those procedures in a timely fashion to complain about the issues raised in his federal action, and so the defendants moved for summary judgment based on Ramirez's failure to exhaust. Ramirez responded that Western Illinois's existing grievance process was unavailable to him and he was thus excused from the PLRA's exhaustion requirement. See id. ; Ross v. Blake , --- U.S. ----, 136 S.Ct. 1850, 1858-59, 195 L.Ed.2d 117 (2016). The district court held an evidentiary hearing on the availability question as required by Pavey v. Conley , 544 F.3d 739 (7th Cir.2008), after which it dismissed Ramirez's complaint without prejudice. It concluded that remedies are unavailable under the PLRA only under certain exclusive circumstances: if prison officials fail to respond to properly filed grievances; if prison officials affirmatively prevent exhaustion through misconduct; or if compliance with the grievance process is impossible. None of those applies to Ramirez.

Ramirez has now appealed from the order dismissing his action. Ordinarily, the fact that the district court's dismissal was without prejudice would bar an appeal on grounds of lack of finality, but that is not the case here. Ramirez is no longer in custody, and so he cannot remedy his failure to exhaust. The dismissal was thus effectively a final order, and we may proceed with the appeal. See Kaba v. Stepp , 458 F.3d 678, 680 (7th Cir.2006).

If, as in this case, a prisoner's complaint is dismissed after a Pavey hearing for failure to exhaust, we review factual findings for clear error and legal decisions de novo . Wilborn v. Ealey , 881 F.3d 998, 1004 (7th Cir.2018). Failure to exhaust is an affirmative defense for which the defendants carry the burden of proof. Hernandez v. Dart , 814 F.3d 836, 840 (7th Cir.2016). All remaining factual disputes must be construed in Ramirez's favor at *534this juncture. Id. To meet their burden, the defendants must show beyond dispute that remedies were available. Id.

The record shows that Ramirez was arrested in 2007 and taken initially to the Cook County jail. While there, he was attacked. He notified a sergeant, who moved Ramirez to protective custody. After eight months at Cook County jail, Ramirez was transferred to Western Illinois, a state prison. After his transfer, Ramirez attended a new-prisoners orientation. This English-only orientation introduces prisoners to Western Illinois's internal grievance procedures. Ramirez, however, did not understand English, a fact that he disclosed to a prisoner working at the orientation. That prisoner started translating the orientation into Spanish for Ramirez. Yet the administrator conducting the orientation ordered the prisoner to stop doing so. The translator had not explained the grievance process to Ramirez prior to being silenced.

Western Illinois maintained a cumulative counseling summary for Ramirez-a running log of each interaction between him and the prison staff. An entry from the day of orientation noted that Ramirez had "poor English skills" and that Ramirez had received an orientation manual, which contained information about Western Illinois's grievance mechanisms. The counseling summary reflected that Ramirez received a Spanish-language copy of the manual, but he insists that it was actually in English. Because the district court did not resolve this dispute in the Pavey hearing, we accept Ramirez's account for present purposes. And we note that Western Illinois was asked during these proceedings to produce a Spanish-language manual that pre-dates 2011, but it was unable to do so. Its failure corroborates Ramirez's account. When orientation ended, Ramirez signed a form confirming that he had completed orientation and received the manual. That form also was in English.

The prison asserts that it referred people identified during orientation as non-English speakers to someone who would conduct orientation in the prisoner's preferred language. Julia Vincent, a correctional counselor at Western Illinois, was the facility's only Spanish-speaking employee; she ordinarily helped with orientation for Spanish speakers. But Ramirez alleges that his case was different. He and Vincent met the day after orientation; they spoke exclusively in Spanish. That meeting covered Ramirez's immigration status but not the content of Western Illinois's orientation or the manual. Ramirez finished orientation in the dark about the prison's grievance process.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gilbert v. Hughes
S.D. Illinois, 2025
Pitts v. Hughes
S.D. Illinois, 2025
Patterson v. Whitman
E.D. Wisconsin, 2025
Dorsey v. Ghosh
N.D. Illinois, 2024
Churuk v. Canarozzi
D. Connecticut, 2024
Plumlee v. Hughes
S.D. Illinois, 2024
Morris v. Jeffreys
S.D. Illinois, 2024
Smith v. Dart
N.D. Illinois, 2024
Floyd v. Squires
N.D. Illinois, 2024
Mustonen v. Thomas
N.D. Illinois, 2024
Roundtree Jr v. Dart
N.D. Illinois, 2024
Moco v. Janik
Second Circuit, 2023
Sims v. Pfister
N.D. Illinois, 2023
ROWE v. GEO GROUP, INC.
S.D. Indiana, 2023

Cite This Page — Counsel Stack

Bluebook (online)
906 F.3d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-young-ca7-2018.