OPINION OF THE COURT
JONES V. BOCK
549 U. S. ____ (2007)
SUPREME COURT OF THE UNITED STATES
NOS. 05-7058 AND 05-7142
LORENZO L. JONES, PETITIONER
05–7058
v.
BARBARA BOCK, WARDEN, et al.
TIMOTHY WILLIAMS, PETITIONER
05–7142 v.
WILLIAM S. OVERTON et al.
JOHN H. WALTON v. BARBARA BOUCHARD
et al.
on writs of certiorari to the united states court of appeals for
the sixth circuit
[January 22, 2007]
Chief Justice Roberts delivered
the opinion of the Court.
In an effort to address the large
number of prisoner complaints filed in federal court, Congress
enacted the Prison Litigation Reform Act of 1995 (PLRA), 110 Stat.
1321–71, as amended, 42 U. S. C. §1997e
et seq. Among
other reforms, the PLRA mandates early judicial screening of
prisoner complaints and requires prisoners to exhaust prison
grievance procedures before filing suit. 28 U. S. C. §1915A;
42 U. S. C. §1997e(a). The Sixth Circuit, along with some
other lower courts, adopted several procedural rules designed to
implement this exhaustion requirement and facilitate early judicial
screening. These rules require a prisoner to allege and demonstrate
exhaustion in his complaint, permit suit only against defendants
who were identified by the prisoner in his grievance, and require
courts to dismiss the entire action if the prisoner fails to
satisfy the exhaustion requirement as to any single claim in his
complaint. Other lower courts declined to adopt such rules. We
granted certiorari to resolve the conflict and now conclude that
these rules are not required by the PLRA, and that crafting and
imposing them exceeds the proper limits on the judicial role.
I
Prisoner litigation continues to
“account for an outsized share of filings” in federal district
courts.
Woodford v.
Ngo, 548 U. S. ___, ___,
n. 4 (2006) (slip op., at 12, n. 4). In 2005, nearly 10
percent of all civil cases filed in federal courts nationwide were
prisoner complaints challenging prison conditions or claiming civil
rights violations.[
Footnote 1]
Most of these cases have no merit; many are frivolous. Our legal
system, however, remains committed to guaranteeing that prisoner
claims of illegal conduct by their custodians are fairly handled
according to law. The challenge lies in ensuring that the flood of
nonmeritorious claims does not submerge and effectively preclude
consideration of the allegations with merit. See
Neitzke
v.
Williams,
490 U. S. 319, 327
(1989).
Congress addressed that challenge
in the PLRA. What this country needs, Congress decided, is fewer
and better prisoner suits. See
Porter v.
Nussle,
534 U. S. 516,
524 (2002) (PLRA intended to “reduce the quantity and improve the
quality of prisoner suits”). To that end, Congress enacted a
variety of reforms designed to filter out the bad claims and
facilitate consideration of the good. Key among these was the
requirement that inmates complaining about prison conditions
exhaust prison grievance remedies before initiating a lawsuit.
The exhaustion provision of the PLRA
states:
“No action shall be brought with respect to prison
conditions under [42 U. S. C. §1983], 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).
Requiring exhaustion allows prison officials an
opportunity to resolve disputes concerning the exercise of their
responsibilities before being haled into court. This has the
potential to reduce the number of inmate suits, and also to improve
the quality of suits that are filed by producing a useful
administrative record.
Woodford,
supra, at ___
(slip op., at 12). In an attempt to implement the exhaustion
requirement, some lower courts have imposed procedural rules that
have become the subject of varying levels of disagreement among the
federal courts of appeals.
The first question presented centers on a
conflict over whether exhaustion under the PLRA is a pleading
requirement the prisoner must satisfy in his complaint or an
affirmative defense the defendant must plead and prove.[
Footnote 2] The Sixth Circuit, adopting
the former view, requires prisoners to attach proof of
exhaustion—typically copies of the grievances—to their complaints
to avoid dismissal. If no written record of the grievance is
available, the inmate must plead with specificity how and when he
exhausted the grievance procedures.
Knuckles El v.
Toombs, 215 F. 3d 640, 642 (2000).
The next issue concerns how courts determine
whether a prisoner has properly exhausted administrative
remedies—specifically, the level of detail required in a grievance
to put the prison and individual officials on notice of the claim.
The Sixth Circuit requires that a prisoner have identified, in the
first step of the grievance process, each individual later named in
the lawsuit to properly exhaust administrative remedies.
Burton v.
Jones, 321 F. 3d 569, 575 (2003).
Other circuits have taken varying approaches to this question, see,
e.g., Butler v.
Adams, 397 F. 3d
1181, 1183 (CA9 2005) (proper exhaustion requires use of the
administrative process provided by the State; if that process does
not require identification of specific persons, neither does the
PLRA);
Johnson v.
Johnson, 385 F. 3d 503, 522
(CA5 2004) (“[T]he grievance must provide administrators with a
fair opportunity under the circumstances to address the problem
that will later form the basis of the suit”);
Riccardo v.
Rausch, 375 F. 3d 521, 524 (CA7 2004) (exhaustion
satisfied if grievance “served its function of alerting the state
and inviting corrective action”), none going as far as the Sixth
Circuit in requiring in every case that the defendants have been
named from the beginning of the grievance process.
Finally, the circuits are divided over what
the PLRA requires when both exhausted and unexhausted claims are
included in a complaint.[
Footnote
3] Some circuits, including the Sixth Circuit, apply a “total
exhaustion” rule, under which no part of the suit may proceed if
any single claim in the action is not properly exhausted. See,
e.g., Jones Bey v.
Johnson, 407
F. 3d 801, 805 (CA6 2005). Among circuits requiring total
exhaustion there is further disagreement over what to do if the
requirement is not met. Most courts allow the prisoner to amend his
complaint to include only exhausted claims,
e.g.,
Kozohorsky v.
Harmon, 332 F. 3d 1141, 1144 (CA8
2003), but the Sixth Circuit denies leave to amend, dismisses the
action, and requires that it be filed anew with only unexhausted
claims,
Baxter v.
Rose, 305 F. 3d 486, 488
(2002);
Jones Bey,
supra, at 807. See also
McGore v.
Wrigglesworth, 114 F. 3d 601, 612
(1997). Other circuits reject total exhaustion altogether, instead
dismissing only unexhausted claims and considering the rest on the
merits. See,
e.g., Ortiz v.
McBride, 380
F. 3d 649, 663 (CA2 2004).
A
Petitioners are inmates in the
custody of the Michigan Department of Corrections (MDOC). At the
time petitioners filed their grievances, MDOC Policy Directive
03.02.130 (Nov. 1, 2000) set forth the applicable grievance
procedures. 1 App. 138–157.[
Footnote 4] The policy directive describes what issues are
grievable and contains instructions for filing and processing
grievances.
Inmates must first attempt to
resolve a problem orally within two business days of becoming aware
of the grievable issue.
Id., at 147. If oral resolution is
unsuccessful, the inmate may proceed to Step I of the grievance
process, and submit a completed grievance form within five business
days of the attempted oral resolution.
Id., at 147,
149–150. The Step I grievance form provided by MDOC (a one-page
form on which the inmate fills out identifying information and is
given space to describe the complaint) advises inmates to be “brief
and concise in describing your grievance issue.” 2
id., at
1. The inmate submits the grievance to a designated grievance
coordinator, who assigns it to a respondent—generally the
supervisor of the person being grieved. 1
id., at 150.
If the inmate is dissatisfied with the Step I
response, he may appeal to Step II by obtaining an appeal form
within five business days of the response, and submitting the
appeal within five business days of obtaining the form.
Id., at 152. The respondent at Step II is designated by
the policy,
id., at 152–153 (
e.g., the regional
health administrator for medical care grievances). If still
dissatisfied after Step II, the inmate may further appeal to Step
III using the same appeal form; the MDOC director is designated as
respondent for all Step III appeals.
Id., at 154.
Lorenzo Jones
Petitioner Lorenzo Jones is
incarcerated at the MDOC’s Saginaw Correctional Facility. In
November 2000, while in MDOC’s custody, Jones was involved in a
vehicle accident and suffered significant injuries to his neck and
back. Several months later Jones was given a work assignment he
allegedly could not perform in light of his injuries. According to
Jones, respondent Paul Morrison—in charge of work assignments at
the prison—made the inappropriate assignment, even though he knew
of Jones’s injuries. When Jones reported to the assignment, he
informed the staff member in charge—respondent Michael
Opanasenko—that he could not perform the work; Opanasenko allegedly
told him to do the work or “ ‘suffer the consequences.’ ”
Id., at 20. Jones performed the required tasks and allegedly
aggravated his injuries. After unsuccessfully seeking redress
through the MDOC’s grievance process, Jones filed a complaint in
the Eastern District of Michigan under 42 U. S. C. §1983 for
deliberate indifference to medical needs, retaliation, and
harassment. Jones named as defendants, in addition to Morrison and
Opanasenko, respondents Barbara Bock (the warden), Valerie Chaplin
(a deputy warden), Janet Konkle (a registered nurse), and Ahmad
Aldabaugh (a physician).
A Magistrate recommended
dismissal for failure to state a claim with respect to Bock,
Chaplin, Konkle, and Aldabaugh, and the District Court agreed. 1
App. 41. With respect to Morrison and Opanasenko, however, the
Magistrate recommended that the suit proceed, finding that Jones
had exhausted his administrative remedies as to those two.
Id., at 18–29. The District Court disagreed. In his
complaint, Jones provided the dates on which his claims were filed
at various steps of the MDOC grievance procedures.
Id., at
41. He did not, however, attach copies of the grievance forms or
describe the proceedings with specificity. Respondents attached
copies of all of Jones’s grievances to their own motion to dismiss,
but the District Judge ruled that Jones’s failure to meet his
burden to plead exhaustion in his complaint could not be cured by
respondents.
Id., at 42. The Sixth Circuit agreed, holding
both that Jones failed to comply with the specific pleading
requirements applied to PLRA suits, 135 Fed. Appx. 837, 839 (2005)
(per curiam) (citing
Knuckles El, 215 F. 3d,
at 642), and that, even if Jones had shown that he exhausted the
claims against Morrison and Opanasenko, dismissal was still
required under the total exhaustion rule, 135 Fed. Appx., at 839
(citing
Jones Bey, 407 F. 3d, at 806).
Timothy Williams
Petitioner Timothy Williams
is incarcerated at the MDOC’s Adrian Correctional Facility. He
suffers from noninvoluting cavernous hemangiomas in his right arm,
a medical condition that causes pain, immobility, and disfigurement
of the limb, and for which he has undergone several surgeries. An
MDOC physician recommended further surgery to provide pain relief,
but MDOC’s Correctional Medical Services denied the recommendation
(and subsequent appeals by the doctor) on the ground that the
danger of surgery outweighed the benefits, which it viewed as
cosmetic. The MDOC Medical Services Advisory Committee upheld this
decision. After Correctional Medical Services indicated that it
would take the request under advisement, Williams filed a grievance
objecting to the quality of his medical care and seeking
authorization for the surgery. He later filed another grievance
complaining that he was denied a single-occupancy handicapped cell,
allegedly necessary to accommodate his medical condition. After
both grievances were denied at all stages, Williams filed a
complaint in the Eastern District of Michigan under §1983, naming
as respondents William Overton (former director of MDOC), David
Jamrog (the warden), Mary Jo Pass and Paul Klee (assistant deputy
wardens), Chad Markwell (corrections officer), Bonnie Peterson
(health unit manager), and Dr. George Pramstaller (chief medical
officer for MDOC).
The District Judge found that
Williams had failed to exhaust his administrative remedies with
regard to his medical care claim because he had not identified any
of the respondents named in his lawsuit during the grievance
process.[Footnote 5] Although
Williams’s claim concerning the handicapped cell had been properly
exhausted, the District Judge—applying the total exhaustion
rule—dismissed the entire suit. The Sixth Circuit affirmed. 136
Fed. Appx. 859, 861–863 (2005) (citing Burton, 321 F. 3d,
at 574,
Curry v.
Scott, 249 F. 3d 493,
504–505 (CA6 2001), and
Jones Bey, 407 F. 3d, at
805).
John Walton
Petitioner John Walton is
incarcerated at the MDOC’s Alger Maximum Correctional Facility.
After assaulting a guard, he was sanctioned with an indefinite
“upper slot” restriction.[Footnote
6] Several months later, upon learning that other prisoners had
been given upper slot restrictions of only three months for the
same infraction, he filed a grievance claiming that this disparity
was the result of racial discrimination (Walton is black, the two
other prisoners he identified in his grievances are white). After
the grievance was denied, Walton filed a complaint in the Western
District of Michigan under §1983, claiming race discrimination. He
named as respondents Barbara Bouchard (former warden), Ken Gearin,
David Bergh, and Ron Bobo (assistant deputy wardens), Catherine
Bauman (resident unit manager), and Denise Gerth (assistant
resident unit supervisor).
The District Judge dismissed
the lawsuit because Walton had not named any respondent other than
Bobo in his grievance. His claims against the other respondents
were thus not properly exhausted, and the court dismissed the
entire action under the total exhaustion rule. The Sixth Circuit
affirmed, reiterating its requirement that a prisoner must “file a
grievance against the person he ultimately seeks to sue,”
Curry,
supra, at 505, and that this requirement can
only be satisfied by naming each defendant at Step I of the MDOC
grievance process. Because Walton had exhausted prison remedies
only as to respondent Bobo, the Sixth Circuit affirmed the District
Court’s dismissal of the entire action. 136 Fed. Appx. 846, 848–849
(2005).
B
Jones sought review in a petition
for certiorari, arguing that the Sixth Circuit’s heightened
pleading requirement and total exhaustion rule contravene the clear
language of the Federal Rules of Civil Procedure and the PLRA.
Williams and Walton filed a joint petition under this Court’s Rule
12.4, contending that the rule requiring every defendant to be
named during the grievance process is not required by the PLRA, and
also challenging the total exhaustion rule. We granted both
petitions for certiorari, 547 U. S. ___ (2006), and consolidated
the cases for our review.
II
There is no question that
exhaustion is mandatory under the PLRA and that unexhausted claims
cannot be brought in court.
Porter, 534 U. S., at 524.
What is less clear is whether it falls to the prisoner to plead and
demonstrate exhaustion in the complaint, or to the defendant to
raise lack of exhaustion as an affirmative defense. The minority
rule, adopted by the Sixth Circuit, places the burden of pleading
exhaustion in a case covered by the PLRA on the prisoner; most
courts view failure to exhaust as an affirmative defense. See
n. 2,
supra.
We think petitioners, and the
majority of courts to consider the question, have the better of the
argument. Federal Rule of Civil Procedure 8(a) requires simply a
“short and plain statement of the claim” in a complaint, while Rule
8(c) identifies a nonexhaustive list of affirmative defenses that
must be pleaded in response. The PLRA itself is not a source of a
prisoner’s claim; claims covered by the PLRA are typically brought
under 42 U. S. C. §1983, which does not require exhaustion at
all, see
Patsy v.
Board of Regents of Fla.,
457 U. S. 496,
516 (1982). Petitioners assert that courts typically regard
exhaustion as an affirmative defense in other contexts, see Brief
for Petitioners 34–36, and nn. 12–13 (citing cases), and
respondents do not seriously dispute the general proposition. We
have referred to exhaustion in these terms, see,
e.g.,
Wright v.
Universal Maritime Service Corp.,
525 U. S. 70, 75
(1998) (referring to “failure to exhaust” as an “affirmative
defens[e]”), including in the similar statutory scheme governing
habeas corpus,
Day v.
McDonough, 547 U. S. ___,
___ (2006) (slip op., at 8) (referring to exhaustion as a
“defense”)
. The PLRA dealt extensively with the subject of
exhaustion, see 42 U. S. C. §§1997e(a), (c)(2), but is silent
on the issue whether exhaustion must be pleaded by the plaintiff or
is an affirmative defense. This is strong evidence that the usual
practice should be followed, and the usual practice under the
Federal Rules is to regard exhaustion as an affirmative
defense.
In a series of recent cases, we have explained
that courts should generally not depart from the usual practice
under the Federal Rules on the basis of perceived policy concerns.
Thus, in
Leatherman v.
Tarrant County Narcotics
Intelligence and Coordination Unit,
507 U. S. 163 (1993), we
unanimously reversed the court of appeals for imposing a heightened
pleading standard in §1983 suits against municipalities. We
explained that “[p]erhaps if [the] Rules … were rewritten today,
claims against municipalities under §1983 might be subjected to the
added specificity requirement … . But that is a result which
must be obtained by the process of amending the Federal Rules, and
not by judicial interpretation.”
Id., at 168.
In
Swierkiewicz v.
Sorema
N. A.,
534
U. S. 506 (2002), we unanimously reversed the court of appeals
for requiring employment discrimination plaintiffs to specifically
allege the elements of a prima facie case of discrimination. We
explained that “the Federal Rules do not contain a heightened
pleading standard for employment discrimination suits,” and a
“requirement of greater specificity for particular claims” must be
obtained by amending the Federal Rules.
Id., at 515
(citing
Leatherman). And just last Term, in
Hill
v.
McDonough, 547 U. S. ___ (2006), we unanimously
rejected a proposal that §1983 suits challenging a method of
execution must identify an acceptable alternative: “Specific
pleading requirements are mandated by the Federal Rules of Civil
Procedure, and not, as a general rule, through case-by-case
determinations of the federal courts.”
Id., at ___ (slip
op., at 8) (citing
Swierkiewicz).
The Sixth Circuit and other courts requiring
prisoners to plead and demonstrate exhaustion in their complaints
contend that if the “new regime” mandated by the PLRA for prisoner
complaints is to function effectively, prisoner complaints must be
treated outside of this typical framework. See
Baxter, 305
F. 3d, at 489. These courts explain that the PLRA not only
imposed a new mandatory exhaustion requirement, but also departed
in a fundamental way from the usual procedural ground rules by
requiring judicial screening to filter out nonmeritorious claims:
Courts are to screen inmate complaints “before docketing, if
feasible, or … as soon as practicable after docketing,” and dismiss
the complaint if it is “frivolous, malicious, … fails to state a
claim upon which relief may be granted[,] or … seeks monetary
relief from a defendant who is immune from such relief.” 28 U.
S. C. §§1915A(a), (b). All this may take place before any
responsive pleading is filed—unlike in the typical civil case,
defendants do not have to respond to a complaint covered by the
PLRA until required to do so by the court, and waiving the right to
reply does not constitute an admission of the allegations in the
complaint. See 42 U. S. C. §1997e(g)(1), (2). According to
respondents, these departures from the normal litigation framework
of complaint and response mandate a different pleading requirement
for prisoner complaints, if the screening is to serve its intended
purpose. See,
e.g., Baxter,
supra, at
489 (“This court’s heightened pleading standards for complaints
covered by the PLRA are designed to facilitate the Act’s screening
requirements …”);
Knuckles El, 215 F. 3d, at 642. See
also Brief for Respondents 17.
We think that the PLRA’s screening requirement
does not—explicitly or implicitly—justify deviating from the usual
procedural practice beyond the departures specified by the PLRA
itself. Before the PLRA, the
in forma pauperis provision
of §1915, applicable to most prisoner litigation, permitted
sua
sponte dismissal only if an action was frivolous or malicious.
28 U. S. C. §1915(d) (1994 ed.); see also
Neitzke,
490 U. S., at 320 (concluding that a complaint that fails to state
a claim was not frivolous under §1915(d) and thus could not be
dismissed
sua sponte). In the PLRA, Congress added failure
to state a claim and seeking monetary relief from a defendant
immune from such relief as grounds for
sua sponte
dismissal of
in forma pauperis cases, §1915(e)(2)(B) (2000
ed.), and provided for judicial screening and
sU. S.onte
dismissal of prisoner suits on the same four grounds, §1915A(b); 42
U. S. C. §1997e(c)(1). Although exhaustion was a “centerpiece”
of the PLRA,
Woodford, 548 U. S., at ___ (slip op., at
1–2), failure to exhaust was notably not added in terms to this
enumeration. There is thus no reason to suppose that the normal
pleading rules have to be altered to facilitate judicial screening
of complaints specifically for failure to exhaust.
Some courts have found that exhaustion is
subsumed under the PLRA’s enumerated ground authorizing early
dismissal for “fail[ure] to state a claim upon which relief may be
granted.” 28 U. S. C. §§1915A(b)(1), 1915(e)(2)(B); 42 U.
S. C. §1997e(c)(1). See
Baxter,
supra, at
489;
Steele v.
Federal Bureau of Prisons, 355
F. 3d 1204, 1210 (CA10 2003);
Rivera v.
Allin, 144 F. 3d 719, 731 (CA11 1998). The point is a
bit of a red herring. A complaint is subject to dismissal for
failure to state a claim if the allegations, taken as true, show
the plaintiff is not entitled to relief. If the allegations, for
example, show that relief is barred by the applicable statute of
limitations, the complaint is subject to dismissal for failure to
state a claim; that does not make the statute of limitations any
less an affirmative defense, see Fed. Rule Civ. Proc. 8(c). Whether
a particular ground for opposing a claim may be the basis for
dismissal for failure to state a claim depends on whether the
allegations in the complaint suffice to establish that ground, not
on the nature of the ground in the abstract. See
Leveto v.
Lapina, 258 F. 3d 156, 161 (CA3 2001) (“[A] complaint
may be subject to dismissal under Rule 12(b)(6) when an affirmative
defense … appears on its face” (internal quotation marks omitted)).
See also
Lopez-Gonzalez v.
Municipality of
Comerio, 404 F. 3d 548, 551 (CA1 2005) (dismissing a
complaint barred by the statute of limitations under Rule
12(b)(6));
Pani v.
Empire Blue Cross Blue Shield,
152 F. 3d 67, 74–75 (CA2 1998) (dismissing a complaint barred
by official immunity under Rule 12(b)(6)). See also 5B C. Wright
& A. Miller, Federal Practice and Procedure §1357,
pp. 708–710, 721–729 (3d ed. 2004). Determining that Congress
meant to include failure to exhaust under the rubric of “failure to
state a claim” in the screening provisions of the PLRA would thus
not support treating exhaustion as a pleading requirement rather
than an affirmative defense.
The argument that screening would be more
effective if exhaustion had to be shown in the complaint proves too
much; the same could be said with respect to any affirmative
defense. The rejoinder that the PLRA focused on exhaustion rather
than other defenses simply highlights the failure of Congress to
include exhaustion in terms among the enumerated grounds justifying
dismissal upon early screening. As noted, that is not to say that
failure to exhaust cannot be a basis for dismissal for failure to
state a claim. It is to say that there is no basis for concluding
that Congress implicitly meant to transform exhaustion from an
affirmative defense to a pleading requirement by the curiously
indirect route of specifying that courts should screen PLRA
complaints and dismiss those that fail to state a claim.
Respondents point to 42 U. S. C.
§1997e(g) as confirming that the usual pleading rules should not
apply to PLRA suits, but we think that provision supports
petitioners. It specifies that defendants can waive their right to
reply to a prisoner complaint without the usual consequence of
being deemed to have admitted the allegations in the complaint. See
§1997e(g)(1) (allowing defendants to waive their response without
admitting the allegations “[n]otwithstanding any other law or rule
of procedure”). This shows that when Congress meant to depart from
the usual procedural requirements, it did so expressly.
We conclude that 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. We understand the reasons behind the decisions of some
lower courts to impose a pleading requirement on plaintiffs in this
context, but that effort cannot fairly be viewed as an
interpretation of the PLRA. “Whatever temptations the statesmanship
of policy-making might wisely suggest,” the judge’s job is to
construe the statute—not to make it better. Frankfurter, Some
Reflections on the Reading of Statutes, 47 Colum. L. Rev. 527,
533 (1947). The judge “must not read in by way of creation,” but
instead abide by the “duty of restraint, th[e] humility of function
as merely the translator of another’s command.”
Id., at
533–534. See
United States v.
Goldenberg,
168 U. S. 95, 103
(1897) (“No mere omission … which it may seem wise to have
specifically provided for, justif[ies] any judicial addition to the
language of the statute”). Given that the PLRA does not itself
require plaintiffs to plead exhaustion, such a result “must be
obtained by the process of amending the Federal Rules, and not by
judicial interpretation.”
Leatherman, 507 U. S., at
168.
III
The Sixth Circuit threw out the
Williams and Walton suits because those prisoners had not
identified in their initial grievances each defendant they later
sued. 136 Fed. Appx., at 862–863;
id., at 848–849. See
Burton, 321 F. 3d, at 575.[
Footnote 7] Here again the lower court’s procedural
rule lacks a textual basis in the PLRA. The PLRA requires
exhaustion of “such administrative remedies as are available,” 42
U. S. C. §1997e(a), but nothing in the statute imposes a “name
all defendants” requirement along the lines of the Sixth Circuit’s
judicially created rule. Respondents argue that without such a rule
the exhaustion requirement would become a “ ‘useless
appendage,’ ” Brief for Respondents 44 (quoting
Woodford, 548 U. S., at ___ (slip op., at 11)), but the
assertion is hyperbole, and the citation of
Woodford
misplaced.
Woodford held that
“proper exhaustion” was required under the PLRA, and that this
requirement was not satisfied when grievances were dismissed
because prisoners had missed deadlines set by the grievance policy.
Id., at ___ (slip op., at 11–13)
. At the time
each of the grievances at issue here was filed, in contrast, the
MDOC policy did not contain any provision specifying who must be
named in a grievance. MDOC’s policy required only that prisoners
“be as specific as possible” in their grievances, 1 App. 148, while
at the same time the required forms advised them to “[b]e brief and
concise.” 2
id., at 1. The MDOC grievance form does not
require a prisoner to identify a particular responsible party, and
the respondent is not necessarily the allegedly culpable prison
official, but rather an administrative official designated in the
policy to respond to particular types of grievances at different
levels.
Supra, at 6. The grievance policy specifically
provides that the grievant at Step I “shall have the opportunity to
explain the grievance more completely at [an] interview, enabling
the Step I respondent to gather any additional information needed
to respond to the grievance.” 1 App. 151. Nothing in the MDOC
policy itself supports the conclusion that the grievance process
was improperly invoked simply because an individual later named as
a defendant was not named at the first step of the grievance
process.
Nor does the PLRA impose such a requirement.
In
Woodford, we held that to properly exhaust
administrative remedies prisoners must “complete the administrative
review process in accordance with the applicable procedural rules,”
548 U. S., at __ (slip op., at 5)—rules that are defined not by the
PLRA, but by the prison grievance process itself. Compliance with
prison grievance procedures, therefore, is all that is required by
the PLRA to “properly exhaust.” The level of detail necessary in a
grievance to comply with the grievance procedures will vary from
system to system and claim to claim, but it is the prison’s
requirements, and not the PLRA, that define the boundaries of
proper exhaustion. As the MDOC’s procedures make no mention of
naming particular officials, the Sixth Circuit’s rule imposing such
a prerequisite to proper exhaustion is unwarranted.
We have identified the benefits of exhaustion
to include allowing a prison to address complaints about the
program it administers before being subjected to suit, reducing
litigation to the extent complaints are satisfactorily resolved,
and improving litigation that does occur by leading to the
preparation of a useful record. See
id., at ___ (slip op.,
at 6–8);
Porter, 534 U. S., at 524–525. The Sixth Circuit
rule may promote early notice to those who might later be sued, but
that has not been thought to be one of the leading purposes of the
exhaustion requirement. See
Johnson, 385 F. 3d, at
522 (“We are mindful that the primary purpose of a grievance is to
alert prison officials to a problem, not to provide personal notice
to a particular official that he may be sued; the grievance is not
a summons and complaint that initiates adversarial litigation”);
see also Brief for American Civil Liberties Union et al. as
Amici Curiae 8–9, and n. 6 (collecting grievance
procedures and noting that the majority do not require prisoners to
identify specific individuals).
We do not determine whether the grievances
filed by petitioners satisfied the requirement of “proper
exhaustion,”
Woodford,
supra, at ___ (slip op.,
at 11), but simply conclude that exhaustion is not
per se
inadequate simply because an individual later sued was not named in
the grievances. We leave it to the court below in the first
instance to determine the sufficiency of the exhaustion in these
cases.
IV
The final issue concerns how
courts should address complaints in which the prisoner has failed
to exhaust some, but not all, of the claims asserted in the
complaint.[
Footnote 8] All
agree that no unexhausted claim may be considered. The issue is
whether the court should proceed with the exhausted claims, or
instead—as the Sixth Circuit has held—dismiss the entire action if
any one claim is not properly exhausted. See
Jones Bey,
407 F. 3d, at 807.[
Footnote
9]
Here the Sixth Circuit can point
to language in the PLRA in support of its rule. Section 1997e(a)
provides that “[n]o action shall be brought” unless administrative
procedures are exhausted. Respondents argue that if Congress
intended courts to dismiss only unexhausted claims while retaining
the balance of the lawsuit, the word “claim” rather than “action”
would have been used in this provision.
This statutory phrasing—“no action shall be
brought”—is boilerplate language. There are many instances in the
Federal Code where similar language is used, but such language has
not been thought to lead to the dismissal of an entire action if a
single claim fails to meet the pertinent standards. Statutes of
limitations, for example, are often introduced by a variant of the
phrase “no action shall be brought,” see,
e.g.,
Beach v.
Ocwen Fed. Bank,
523 U. S. 410, 416
(1998); 18 U. S. C. §1030(g) (2000 ed., Supp. IV), but we have
never heard of an entire complaint being thrown out simply because
one of several discrete claims was barred by the statute of
limitations, and it is hard to imagine what purpose such a rule
would serve. The same is true with respect to other uses of the “no
action shall be brought” phrasing. See,
e.g.,
Hawksbill Sea Turtle v.
Federal Emergency Management
Agency, 126 F. 3d 461, 471 (CA3 1997) (dismissing only claims
that fail to comply with the citizen suit notification requirement
of 16 U. S. C. §1540(g)(2), which states that “[n]o action may
be commenced” until an agency has declined to act after being given
written notice).
More generally, statutory 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. See,
e.g., Exxon Mobil
Corp. v.
Allapattah Services, Inc.,
545 U. S. 546, 560–563
(2005) (District Court had jurisdiction over a “civil action” under
28 U. S. C. §1367(a), even if it might not have jurisdiction
over each separate claim comprising the action);
Chicago
v.
International College of Surgeons,
522 U. S. 156, 166
(1997) (District Court had jurisdiction over removed “civil action”
even if every claim did not satisfy jurisdictional
prerequisites).
As a general matter, if a complaint contains
both good and bad claims, the court proceeds with the good and
leaves the bad. “[O]nly the bad claims are dismissed; the complaint
as a whole is not. If Congress meant to depart from this norm, we
would expect some indication of that, and we find none.”
Robinson v.
Page, 170 F. 3d 747, 748–749
(CA7 1999) (considering §1997e(e)).
Respondents note an exception to this general
rule, the total exhaustion rule in habeas corpus. In
Rose
v.
Lundy,
455 U. S. 509, 522
(1982), we held that “mixed” habeas petitions—containing both
exhausted and unexhausted claims—cannot be adjudicated. This total
exhaustion rule applied in habeas was initially derived from
considerations of “comity and federalism,” not any statutory
command.
Rhines v.
Weber,
544 U. S. 269, 273
(2005);
id., at 274 (noting that Congress “preserved
Lundy’s total exhaustion requirement” in 28 U. S. C.
§2254(b)(1)(A)). Separate claims in a single habeas petition
generally seek the same relief from custody, and success on one is
often as good as success on another. In such a case it makes sense
to require exhaustion of all claims in state court before allowing
the federal action to proceed. A typical PLRA suit with multiple
claims, on the other hand, may combine a wide variety of discrete
complaints, about interactions with guards, prison conditions,
generally applicable rules, and so on, seeking different relief on
each claim. There is no reason failure to exhaust on one
necessarily affects any other. In any event, even if the habeas
total exhaustion rule is pertinent, it does not in fact depart from
the usual practice—as we recently held, a court presented with a
mixed habeas petition “should allow the petitioner to delete the
unexhausted claims and to proceed with the exhausted claims
… .”
Rhines,
supra, at 278. This is the
opposite of the rule the Sixth Circuit adopted, and precisely the
rule that respondents argue against.
Respondents’ reading of 42 U. S. C.
§1997e(a) to contain a total exhaustion rule is bolstered by the
fact that other sections of the PLRA distinguish between actions
and claims. Section 1997e(c)(1), for example, provides that a court
shall dismiss an
action for one of four enumerated
deficiencies, while §1997e(c)(2) allows a court to dismiss a
claim for one of these reasons without first determining
whether the claim is exhausted. Similarly, 28 U. S. C.
§1915A(b) directs district courts to dismiss “the complaint, or any
portion of the complaint” before docketing under certain
circumstances. This demonstrates that Congress knew how to
differentiate between the entire action and particular claims when
it wanted to, and suggests that its use of “action” rather than
“claim” in 42 U. S. C. §1997e(a) should be given effect.
But the interpretation respondents advocate
creates its own inconsistencies. Section 1997e(e) contains similar
language, “[n]o … action may be brought … for mental or emotional
injury suffered while in custody without a prior showing of
physical injury,” yet respondents cite no case interpreting this
provision to require dismissal of the entire lawsuit if only one
claim does not comply, and again we see little reason for such an
approach. Accord,
Cassidy v.
Indiana Dept. of
Corrections, 199 F. 3d 374, 376–377 (CA7 2000)
(dismissing only the portions of the complaint barred by
§1997e(e)); see also
Williams v.
Ollis, 230
F. 3d 1361 (CA6 2000) (unpublished table decision) (same).
Interpreting the phrase “no action shall be brought” to require
dismissal of the entire case under §1997e(a) but not §1997e(e)
would contravene our normal rules of statutory construction.
National Credit Union Admin. v.
First Nat. Bank &
Trust Co.,
522
U. S. 479, 501–502 (1998).
In pressing the total exhaustion argument,
respondents also marshal the policy and purpose underlying the
PLRA—this time in a supporting rather than lead role. The
invigorated exhaustion requirement is a “centerpiece” of the
statute,
Woodford, 548 U. S., at ___ (slip op., at 1–2),
and if the exhaustion requirement of §1997e(a) is not effectuated
by a total exhaustion rule, they argue, inmates will have little
incentive to ensure that they have exhausted all available
administrative remedies before proceeding to court. The PLRA
mandated early judicial screening to reduce the burden of prisoner
litigation on the courts; a total exhaustion rule allows courts
promptly to dismiss an action upon identifying an unexhausted
claim. The alternative approach turns judges into editors of
prisoner complaints, rather than creating an incentive for
prisoners to exhaust properly. See
Ross v.
County of
Bernalillo, 365 F. 3d 1181, 1190 (CA10 2004).
We are not persuaded by these policy
arguments. In fact, the effect of a total exhaustion rule could be
that inmates will file various claims in separate suits, to avoid
the possibility of an unexhausted claim tainting the others. That
would certainly not comport with the purpose of the PLRA to reduce
the quantity of inmate suits. Additionally, district judges who
delve into a prisoner complaint only to realize it contains an
unexhausted claim, requiring dismissal of the entire complaint
under the total exhaustion rule, will often have to begin the
process all over again when the prisoner refiles. In light of
typically short prison grievance time limits, prisoners’ refiled
complaints will often be identical to what the district court would
have considered had it simply dismissed unexhausted claims as it
encountered them and proceeded with the exhausted ones. Perhaps
filing fees and concerns about the applicability of the “three
strikes” rule, 28 U. S. C. §1915(g), would mitigate these
effects, but the debate about consequences is close enough that
there is no clear reason to depart from the more typical
claim-by-claim approach.
* * *
We are not insensitive to the
challenges faced by the lower federal courts in managing their
dockets and attempting to separate, when it comes to prisoner
suits, not so much wheat from chaff as needles from haystacks. We
once again reiterate, however—as we did unanimously in
Leatherman,
Swierkiewicz, and
Hill—that
adopting different and more onerous pleading rules to deal with
particular categories of cases should be done through established
rulemaking procedures, and not on a case-by-case basis by the
courts.
The judgments of the United
States Court of Appeals for the Sixth Circuit are reversed, and the
cases are remanded for further proceedings consistent with this
opinion.
It is so ordered.
Footnote 1
See Administrative Office of the United
States Courts, Judicial Facts and Figures, Tables 4.4, 4.6,
http://www.uscourts.gov/ judicialfactsfigures/contents.html (as
visited Jan. 17, 2007, and available in Clerk of Court’s case
file). That number
excludes habeas corpus petitions and
motions to vacate a sentence. If these filing are included,
prisoner complaints constituted 24 percent of all civil filings in
2005.
Footnote 2
Compare
Steele v.
Federal
Bureau of Prisons, 355 F. 3d 1204, 1210 (CA10 2003) (pleading
requirement);
Brown v.
Toombs, 139 F. 3d
1102, 1104 (CA6 1998)
(per curiam) (same);
Rivera
v.
Allin, 144 F. 3d 719, 731 (CA11 1998) (same), with
Anderson v.
XYZ Correctional Health Servs., Inc.,
407 F. 3d 674, 681 (CA4 2005) (affirmative defense);
Wyatt
v.
Terhune, 315 F. 3d 1108, 1119 (CA9 2003) (same);
Casanova v.
Dubois, 304 F. 3d 75, 77, n. 3
(CA1 2002) (same);
Ray v.
Kertes, 285 F. 3d 287,
295 (CA3 2002) (same);
Foulk v.
Charrier, 262 F.
3d 687, 697 (CA8 2001) (same);
Massey v.
Helman,
196 F. 3d 727, 735 (CA7 1999) (same);
Jenkins v.
Haubert, 179 F. 3d 19, 28–29 (CA2 1999) (same). See also
Johnson v.
Johnson, 385 F. 3d 503, 516, n. 7
(CA5 2004) (noting the conflict but not deciding the question);
Jackson v.
District of Columbia, 254 F. 3d
262, 267 (CADC 2001) (treating exhaustion as an affirmative
defense).
Footnote 3
Compare
Jones Bey v.
Johnson, 407 F. 3d 801, 805 (CA6 2005) (requiring
dismissal of the entire action if one unexhausted claim is
present);
Ross v.
County of Bernalillo, 365 F. 3d
1181, 1189 (CA10 2004) (same);
Vazquez v.
Ragonese, 142 Fed. Appx. 606, 607 (CA3 2005)
(per
curiam) (same);
Kozohorsky v.
Harmon, 332 F.
3d 1141, 1144 (CA8 2003) (same), with
Lira v.
Herrera, 427 F. 3d 1164, 1175 (CA9 2005) (allowing
dismissal of only unexhausted claims);
Ortiz v.
McBride, 380 F. 3d 649, 663 (CA2 2004) (same);
Lewis v.
Washington, 300 F. 3d 829, 835 (CA7
2002) (same). See also
Johnson,
supra, at 523,
n. 5 (suggesting that total exhaustion is an open question in
the Fifth Circuit).
Footnote 4
MDOC has since revised its policy. See Policy
Directive 03.02.130 (effective Dec. 19, 2003), App. to Brief for
Respondents 1b. The new policy is not at issue in these cases.
Footnote 5
Dr. Pramstaller was mentioned at Step III of
the grievance process, but was apparently never served with the
complaint initiating the lawsuit. The Magistrate stated that even
if the claims against Pramstaller had been properly exhausted they
nonetheless were subject to dismissal under the total exhaustion
rule. 1 App. 86, 101. It also appears that under the Sixth
Circuit’s rule requiring a defendant to be named at Step I of the
grievance process, the claims against Pramstaller, who was not
mentioned until Step III, would not have been exhausted. See
supra, at 4; n. 7,
infra. Because
Pramstaller was never served, he is not a respondent in this
Court.
Footnote 6
An upper slot restriction limits the inmate
to receiving food and paperwork via the lower slot of the cell
door. Brief for Respondents 5–6. Presumably, this is less desirable
than access through the upper slot; the record does not reveal how
effective this particular sanction is in discouraging assaults on
staff.
Footnote 7
This “name all defendants” rule
apparently applies even when a prisoner does not learn the identity
of the responsible party until a later step of the grievance
process. Upon learning the identity of the responsible party, the
prisoner is required to bring an entirely new grievance to properly
exhaust. 136 Fed. Appx. 846, 849 (CA6 2005) (“At that point [after
he learned, in response to a Step I grievance, that Gearin was
responsible for the upper slot restriction], Walton was armed with
all of the information that he needed to file a Step I grievance
against … Gearin—and a federal complaint against Gearin once the
claim had been exhausted—but he simply chose not to follow this
route”). At oral argument, Michigan admitted that it did not agree
with at least this application of the rule. Tr. of Oral Arg.
44–45.
Footnote 8
Although we reverse the Sixth Circuit’s
rulings on the substantive exhaustion requirements as to all three
petitioners, the question whether a total exhaustion rule is
contemplated by the PLRA is not moot. In Jones’s case, the Sixth
Circuit ruled in the alternative that total exhaustion required
dismissal. 135 Fed. Appx. 837, 839 (CA6 2005)
(per curiam)
(“[E]ven if Jones had shown he had exhausted some of his claims,
the district court properly dismissed the complaint because Jones
did not show that he had exhausted all of his claims”).
Footnote 9
After we granted certiorari, the Sixth
Circuit suggested that the adoption of a total exhaustion rule in
that Circuit in
Jones Bey ran contrary to previous panel
decisions and was therefore not controlling.
Spencer v.
Bouchard, 449 F. 3d 721, 726 (2006). See also Rule
206(c) (CA6 2006). As total exhaustion was applied in the cases
under review, and the Sixth Circuit is not the only court to apply
this rule, we do not concern ourselves with this possible
intracircuit split.
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