Timothy Booth v. Churner, C.O. Workensher, Sgt. Rikus, Lt. W. Gardner, Capt

206 F.3d 289, 2000 U.S. App. LEXIS 3486, 2000 WL 251627
CourtCourt of Appeals for the Third Circuit
DecidedMarch 7, 2000
Docket97-7487, 97-7488
StatusPublished
Cited by319 cases

This text of 206 F.3d 289 (Timothy Booth v. Churner, C.O. Workensher, Sgt. Rikus, Lt. W. Gardner, Capt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Timothy Booth v. Churner, C.O. Workensher, Sgt. Rikus, Lt. W. Gardner, Capt, 206 F.3d 289, 2000 U.S. App. LEXIS 3486, 2000 WL 251627 (3d Cir. 2000).

Opinions

OPINION OF THE COURT

BECKER, Chief Judge.

This appeal by Timothy Booth from an order of the District Court dismissing his prisoner’s civil rights action presents two important questions about the meaning of the mandatory administrative exhaustion requirement in the Prison Litigation Reform Act of 1996 (the PLRA). Booth alleges that while he was confined in the Commonwealth of Pennsylvania’s State Correctional Institute at Smithfield, several prison guards, on several occasions, punched him in the face, threw cleaning material in his face, shoved him into a [291]*291shelf, and tightened and twisted his handcuffs in such a manner as to injure him. Asserting his Eighth Amendment right to be free of cruel and unusual punishment, Booth, acting pro se, brought this 42 U.S.C. § 1983 excessive force action in the District Court for the Middle District of Pennsylvania, requesting various forms of monetary and injunctive relief. He did so without first exhausting the administrative remedies available to him at Smithfield. Because of this failure to exhaust his administrative remedies, the District Court dismissed his action pursuant to 42 U.S.C. § 1997e(a).

As amended by the PLRA, § 1997e(a) provides that “[n]o 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.” 42 U.S.C. § 1997e(a) (amended by Pub.L. 104-134, Title I, § 101(a), 110 Stat. 1321-71 (1996)). The first question raised by Booth’s appeal concerns the applicability of § 1997e(a) to § 1983 excessive force actions; i.e., whether excessive force is a “prison condition” for purposes of the PLRA. This important and difficult question is a matter of first impression for this court. Booth contends that § 1997e(a)’s “action ... with respect to prison conditions” language applies only to complaints about the physical conditions in prisons, and does not apply to his § 1983 excessive force action. Therefore, he concludes, the District Court erred in analyzing his action under § 1997e(a). We reject this argument and hold that § 1997e(a) applies to excessive force actions. We base this decision on the plain meaning of the language of the PLRA, case law from our sister circuits, and recent Supreme Court precedent interpreting similar prisoner litigation legislation.

The second question raised by Booth’s appeal has to do with the application of § 1997e(a)’s exhaustion requirement. Booth argues that even if § 1997e(a) applies to his action, exhaustion would have been futile, because the available administrative process could not provide him with the monetary relief he seeks. Accordingly, he contends, his failure to exhaust such procedures is not mandated by § 1997e(a), which only requires the exhaustion of administrative remedies “as are available.”

Our recent decision in Nyhuis v. Reno, 204 F.3d 65, 78 (3d Cir.2000), rejected this argument. Nyhuis was a Bivens action brought by a federal inmate, in which we held that “the PLRA amended § 1997e(a) in such a way as to make exhaustion of all administrative remedies mandatory— whether or not they provide the inmate-plaintiff with the relief he says he desires in his federal action.” Id. at 67. The reasoning of Nyhuis applies equally in the § 1983 context, as § 1997e(a) treats Bivens actions and § 1983 actions as functional equivalents. Nyhuis is therefore controlling in this case.

Accordingly, even though this is an excessive force action, and even though the Commonwealth of Pennsylvania’s inmate grievance process could not provide Booth with the money damages he sought, we hold that Booth was required by § 1997e(a) to exhaust the administrative remedies available to him prior to filing this action. Because he admittedly has not done so, we will affirm the judgment of the District Court.1

I.

On April 21, 1997, Booth began this action in the District Court, using a form provided by the court to prisoners filing pro se complaints under 42 U.S.C. § 1983. He named Corrections Officer Churner, Sergeant Workensher, Lieutenant Rikus, and Captain W. Gardner as defendants. He stated that he had presented the facts of the case in the state prisoner grievance [292]*292procedure and that Ms allegations were “dismissed or covered up.” He added, “There isn’t any help because of retaliation because I spoke up about abuse and corruption.” In the space provided for “Parties” he added Superintendent Morgan to the list of defendants. In the space labeled “Statement of Claim” he wrote nothing. In the space labeled “Relief’ he asked both for a “preliminary injunction,” and for a “protection order for transfer to another prison as my safety and life is at stake.”

In a handwritten document filed with his form complaint, Booth alleged the following facts, which gave rise to his § 1983 action. He first complained that, in April 1996, he had been “assaulted by a Sgt Robinson and a C/O named Thomas.... ” As a result of that assault, he alleges, he has “a shoulder that slips in and out.” Subsequent to that incident, he contends, he was denied an operation on his shoulder with “deliberate indifference to [his] shoulder and back.” Booth next averred that on February 6, 1997, he threw water on Corrections Officer Thomas, who then took him to a storage room and threw a cup of cleaning material in his face.

Booth further claimed that on February 7, 1997, after an exchange of words with Lieutenant Rikus, Rikus shoved him into the shelf in the storage room and Thomas pushed him into a door, while Sergeant White looked on. He alleges that shortly thereafter he was taken back to his cell, where Thomas tightened and twisted his handcuffs in such a way that bruised his wrists. Booth last complained that, on March 23, 1997, Corrections Officer Churner punched him in the face and mouth, while Sergeant Workensher and Corrections Officer Kulian watched. As a result, he contends, his mouth “was busted open” and he received three stitches. Booth ended this narrative, “I need out of this jail before they kill me. And I want each and every officer to be punished for assaulting me. Please, I’m in fear of my life.”

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

Related

Michael Nelson v. Mroczka
Third Circuit, 2024
Rhonshawn Jackson v. Carter
Third Circuit, 2020
BETHA v. PIERCE
W.D. Pennsylvania, 2019
Troy Jackson v. Commonwealth of PA
668 F. App'x 410 (Third Circuit, 2016)
Hector Gonzalez v. Superintendent Mahanoy SCI
668 F. App'x 408 (Third Circuit, 2016)
Terry Walker v. Steven Glunt
654 F. App'x 531 (Third Circuit, 2016)
Augustus Simmons v. Captain Szelewski
642 F. App'x 95 (Third Circuit, 2016)
Raphael Spearman v. Alan Morris
643 F. App'x 82 (Third Circuit, 2016)
John Gerholt, Sr. v. Donald Orr, Jr.
624 F. App'x 799 (Third Circuit, 2015)
Joseph Breeland v. Mark Baker
439 F. App'x 93 (Third Circuit, 2011)
In Re Garrett
435 B.R. 434 (S.D. Texas, 2010)
Graham v. Maketa
227 P.3d 516 (Colorado Court of Appeals, 2010)
Jones v. Carroll
628 F. Supp. 2d 551 (D. Delaware, 2009)
Santiago Pena-Ruiz v. Kevin Solorzano
281 F. App'x 110 (Third Circuit, 2008)
Rohn v. Beard
268 F. App'x 190 (Third Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
206 F.3d 289, 2000 U.S. App. LEXIS 3486, 2000 WL 251627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-booth-v-churner-co-workensher-sgt-rikus-lt-w-gardner-capt-ca3-2000.