OPINION OF THE COURT
WOODFORD V. NGO
548 U. S. ____ (2006)
SUPREME COURT OF THE UNITED STATES
NO. 05-416
JEANNE S. WOODFORD, et al., PETITIONERS
v. VIET MIKE NGO
on writ of certiorari to the united states court of
appeals for the ninth circuit
[June 22, 2006]
Justice Alito delivered the
opinion of the Court.
This case presents the question
whether a prisoner can satisfy the Prison Litigation Reform Act’s
exhaustion requirement, 42 U. S. C. §1997e(a), by filing an
untimely or otherwise procedurally defective administrative
grievance or appeal. We hold that proper exhaustion of
administrative remedies is necessary.
I
A
Congress enacted the Prison
Litigation Reform Act of 1995 (PLRA), 110 Stat. 1321–71, as
amended, 42 U. S. C. §1997e
et seq., in 1996 in the
wake of a sharp rise in prisoner litigation in the federal courts,
see,
e.g.,
Alexander v.
Hawk, 159
F. 3d 1321, 1324–1325 (CA11 1998) (citing statistics). The
PLRA contains a variety of provisions designed to bring this
litigation under control. See,
e.g., §1997e(c) (requiring
district courts to weed out prisoner claims that clearly lack
merit); §1997e(e) (prohibiting claims for emotional injury without
prior showing of physical injury); §1997e(d) (restricting
attorney’s fees).
A centerpiece of the PLRA’s
effort “to reduce the quantity … of prisoner suits” is an
“invigorated” exhaustion provision, §1997e(a).
Porter v.
Nussle, 534
U. S. 516, 524 (2002). Before 1980, prisoners asserting
constitutional claims had no obligation to exhaust administrative
remedies. See
Wilwording v.
Swenson, 404 U. S. 249, 251
(1971)
(per curiam). In the Civil Rights of
Institutionalized Persons Act, §7, 94 Stat. 349, Congress enacted a
weak exhaustion provision, which authorized district courts to stay
actions under Rev. Stat. §1979, 42 U. S. C. §1983 for a
limited time while a prisoner exhausted “such plain, speedy, and
effective administrative remedies as are available.” §1997e(a)(1)
(1994 ed.). “Exhaustion under the 1980 prescription was in large
part discretionary; it could be ordered only if the State’s prison
grievance system met specified federal standards, and even then,
only if, in the particular case, the court believed the requirement
‘appropriate and in the interests of justice.’ ”
Nussle,
supra, at 523 (quoting §1997e). In
addition, this provision did not require exhaustion if the prisoner
sought only money damages and such relief was not available under
the relevant administrative scheme. See
McCarthy v.
Madigan, 503 U. S. 140, 150–151
(1992).
The PLRA strengthened this exhaustion
provision in several ways. Exhaustion is no longer left to the
discretion of the district court, but is mandatory. See
Booth v.
Churner, 532 U. S. 731, 739
(2001). Prisoners must now exhaust all “available” remedies, not
just those that meet federal standards. Indeed, as we held in
Booth, a prisoner must now exhaust administrative remedies
even where the relief sought—monetary damages—cannot be granted by
the administrative process.
Id., at 734. Finally,
exhaustion of available administrative remedies is required for any
suit challenging prison conditions, not just for suits under §1983.
Nussle,
supra, at 524.
B
California has a grievance system
for prisoners who seek to challenge their conditions of
confinement. To initiate the process, an inmate must fill out a
simple form, Dept. of Corrections, Inmate/Parolee Appeal Form, CDC
602 (12/87) (hereinafter Form 602), that is made “readily available
to all inmates.” Cal. Code Regs., tit. 15, §3084.1(c) (2004). The
inmate must fill out two parts of the form: part A, which is
labeled “Describe Problem,” and part B, which is labeled “Action
Requested.” Then, as explained on Form 602 itself, the prisoner
“must first informally seek relief through discussion with the
appropriate staff member.” App. 40–41. The staff member fills in
part C of Form 602 under the heading “Staff Response” and then
returns the form to the inmate.
If the prisoner is dissatisfied
with the result of the informal review, or if informal review is
waived by the State, the inmate may pursue a three-step review
process. See §§3084.5(b)–(d). Although California labels this
“formal” review (apparently to distinguish this process from the
prior step), the three-step process is relatively simple. At the
first level, the prisoner must fill in part D of Form 602, which
states: “If you are dissatisfied, explain below.”
Id., at
40. The inmate then must submit the form, together with a few other
documents, to the Appeals Coordinator within 15 working days—three
weeks—of the action taken. §3084.6(c). This level may be bypassed
by the Appeals Coordinator in certain circumstances. §3084.5(b).
Within 15 working days after an inmate submits an appeal, the
reviewer must inform the inmate of the outcome by completing part E
of Form 602 and returning the form to the inmate.
If the prisoner receives an adverse
determination at this first level, or if this level is bypassed,
the inmate may proceed to the second level of review conducted by
the warden. §§3084.5(c), (e)(1). The inmate does this by filling in
part F of Form 602 and submitting the form within 15 working days
of the prior decision. Within 10 working days thereafter, the
reviewer provides a decision on a letter that is attached to the
form. If the prisoner’s claim is again denied or the prisoner
otherwise is dissatisfied with the result, the prisoner must
explain the basis for his or her dissatisfaction on part H of the
form and mail the form to the Director of the California Department
of Corrections and Rehabilitation within 15 working days.
§3084.5(e)(2). An inmate’s appeal may be rejected where “[t]ime
limits for submitting the appeal are exceeded and the appellant had
the opportunity to file within the prescribed time constraints.”
§3084.3(c)(6).
C
Respondent is a prisoner who was
convicted for murder and is serving a life sentence in the
California prison system. In October 2000, respondent was placed in
administrative segregation for allegedly engaging in “inappropriate
activity” in the prison chapel. Two months later, respondent was
returned to the general population, but respondent claims that he
was prohibited from participating in “special programs,” including
a variety of religious activities. Approximately six months after
that restriction was imposed, respondent filed a grievance with
prison officials challenging that action. That grievance was
rejected as untimely because it was not filed within 15 working
days of the action being challenged. See §§3084.3(c)(6),
3084.6(c).
Respondent appealed that decision
internally without success, and subsequently sued
petitioners—California correctional officials—under 42 U.
S. C. §1983 in Federal District Court. The District Court
granted petitioners’ motion to dismiss because respondent had not
fully exhausted his administrative remedies as required by
§1997e(a). See App. to Pet. for Cert. 24–25.
The Court of Appeals for the Ninth Circuit
reversed and held that respondent had exhausted administrative
remedies simply because no such remedies remained available to him.
403 F. 3d 620, 629–630 (2005). The Ninth Circuit’s decision,
while consistent with the decision of a divided panel of the Sixth
Circuit in
Thomas v.
Woolum, 337 F. 3d 720
(2003), conflicts with decisions of four other Courts of Appeals.
See
Pozo v.
McCaughtry, 286 F. 3d 1022, 1025
(CA7) (“To exhaust remedies, a prisoner must file complaints and
appeals in the place, and at the time, the prison’s administrative
rules require”), cert. denied,
537 U. S. 949 (2002);
Ross v.
County of Bernalillo, 365 F. 3d
1181, 1185–1186 (CA10 2004) (same)
; Spruill v.
Gillis, 372 F. 3d 218, 230 (CA3 2004) (same);
Johnson v.
Meadows, 418 F. 3d 1152, 1159
(CA11 2005) (same). We granted certiorari to address this conflict,
546 U. S. ___ (2005), and we now reverse.
II
A
The PLRA provides as follows:
“No 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.” §1997e(a) (2000 ed.) (emphasis
added).
There is no dispute that this
language requires a prisoner to “exhaust” administrative remedies,
but the parties differ sharply in their understanding of the
meaning of this requirement. Petitioners argue that this provision
requires proper exhaustion. This means, according to petitioners,
that a prisoner must complete the administrative review process in
accordance with the applicable procedural rules, including
deadlines, as a precondition to bringing suit in federal court.
Respondent, on the other hand, argues that this provision demands
what he terms “exhaustion
simpliciter.” Brief for
Respondent 7. In his view, §1997e(a) simply means that a prisoner
may not bring suit in federal court until administrative remedies
are no longer available. Under this interpretation, the reason why
administrative remedies are no longer available is irrelevant. Bare
unavailability suffices even if this results from a prisoner’s
deliberate strategy of refraining from filing a timely grievance so
that the litigation of the prisoner’s claim can begin in federal
court.
The key for determining which of these
interpretations of §1997e(a) is correct lies in the term of art
“exhausted.” Exhaustion is an important doctrine in both
administrative and habeas law, and we therefore look to those
bodies of law for guidance.
B
“The doctrine of exhaustion of
administrative remedies is well established in the jurisprudence of
administrative law.”
McKart v.
United States,
395 U. S. 185,
193 (1969). “The doctrine provides ‘that no one is entitled to
judicial relief for a supposed or threatened injury until the
prescribed administrative remedy has been exhausted.’ ”
Ibid. (quoting
Myers v.
Bethlehem
Shipbuilding Corp.,
303 U. S. 41, 50–51
(1938)). Exhaustion of administrative remedies serves two main
purposes. See
McCarthy, 503 U. S., at 145.
First, exhaustion protects
“administrative agency authority.”
Ibid. Exhaustion gives
an agency “an opportunity to correct its own mistakes with respect
to the programs it administers before it is haled into federal
court,” and it discourages “disregard of [the agency’s]
procedures.”
Ibid.
Second, exhaustion promotes efficiency.
Ibid. Claims generally can be resolved much more quickly
and economically in proceedings before an agency than in litigation
in federal court. In some cases, claims are settled at the
administrative level, and in others, the proceedings before the
agency convince the losing party not to pursue the matter in
federal court. See
ibid.; Parisi v.
Davidson,
405 U. S. 34, 37 (1972);
McKart,
supra, at 195. “And even where a
controversy survives administrative review, exhaustion of the
administrative procedure may produce a useful record for subsequent
judicial consideration.”
McCarthy,
supra, at
145.
Because of the advantages of administrative
review, some aggrieved parties will voluntarily exhaust all avenues
of administrative review before resorting to federal court, and for
these parties an exhaustion requirement is obviously unnecessary.
Statutes requiring exhaustion serve a purpose when a significant
number of aggrieved parties, if given the choice, would not
voluntarily exhaust. Aggrieved parties may prefer not to exhaust
administrative remedies for a variety of reasons. Although
exhaustion promotes overall efficiency, a party may
conclude—correctly or incorrectly—that exhaustion is not efficient
in that party’s particular case. In addition, some aggrieved
parties may prefer to proceed directly to federal court for other
reasons, including bad faith.[
Footnote 1] See
Thomas,
supra, at
752–753 (Rosen, J., dissenting in part and concurring in
judgment).
Because exhaustion requirements are designed
to deal with parties who do not want to exhaust, administrative law
creates an incentive for these parties to do what they would
otherwise prefer not to do, namely, to give the agency a fair and
full opportunity to adjudicate their claims. Administrative law
does this by requiring proper exhaustion of administrative
remedies, which “means using all steps that the agency holds out,
and doing so
properly (so that the agency addresses the
issues on the merits).”
Pozo, 286 F. 3d, at 1024
(emphasis in original). This Court has described the doctrine as
follows: “[A]s a general rule . . . courts should not topple over
administrative decisions unless the administrative body not only
has erred,
but has erred against objection made at the time
appropriate under its practice.”
United States v.
L. A. Tucker Truck Lines, Inc.,
344 U. S. 33, 37 (1952)
(emphasis added). See also
Sims v.
Apfel,
530 U. S. 103, 108 (2000);
id., at 112 (O’Connor, J., concurring in part and
concurring in judgment) (“On this underlying principle of
administrative law, the Court is unanimous”);
id., at
114–115 (Breyer, J., dissenting);
Unemployment Compensation
Comm’n of Alaska v.
Aragon,
329 U. S. 143, 155
(1946);
Hormel v.
Helvering,
312 U. S. 552, 556–557
(1941); 2 K. Davis & R. Pierce, Administrative Law Treatise
§15:8, pp. 341–344 (3d ed. 1994). Proper exhaustion demands
compliance with an agency’s deadlines and other critical procedural
rules because no adjudicative system can function effectively
without imposing some orderly structure on the course of its
proceedings.[
Footnote 2]
C
The law of habeas corpus has
rules that are substantively similar to those described above. The
habeas statute generally requires a state prisoner to exhaust state
remedies before filing a habeas petition in federal court. See 28
U. S. C. §§2254(b)(1), (c). “This rule of comity reduces
friction between the state and federal court systems by avoiding
the ‘unseem[liness]’ of a federal district court’s overturning a
state-court conviction without the state courts having had an
opportunity to correct the constitutional violation in the first
instance.”
O’Sullivan v.
Boerckel,
526 U. S. 838, 845
(1999) (alteration in original). A state prisoner is generally
barred from obtaining federal habeas relief unless the prisoner has
properly presented his or her claims through one “complete round of
the State’s established appellate review process.”
Ibid.
In practical terms, the law of habeas, like administra- tive law,
requires proper exhaustion, and we have described this feature of
habeas law as follows: “To . . . ‘protect the integrity’ of the
federal exhaustion rule, we ask not only whether a prisoner has
exhausted his state remedies, but also whether he has
properly exhausted those remedies . . . .”
Id.,
at 848 (citation omitted; emphasis in original).
The law of habeas, however, uses
terminology that differs from that of administrative law. In
habeas, the sanction for failing to exhaust properly (preclusion of
review in federal court) is given the separate name of procedural
default, although the habeas doctrines of exhaustion and procedural
default “are similar in purpose and design and implicate similar
concerns,”
Keeney v.
Tamayo-Reyes,
504 U. S. 1, 7 (1992). See
also
Coleman v.
Thompson,
501 U. S. 722, 731–732
(1991). In habeas, state-court remedies are described as having
been “exhausted” when they are no longer available, regardless of
the reason for their unavailability. See
Gray v.
Netherland,
518 U. S. 152, 161
(1996). Thus, if state-court remedies are no longer available
because the prisoner failed to comply with the deadline for seeking
state-court review or for taking an appeal, those remedies are
technically exhausted,
ibid., but exhaustion in this sense
does not automatically entitle the habeas petitioner to litigate
his or her claims in federal court. Instead, if the petitioner
procedurally defaulted those claims, the prisoner generally is
barred from asserting those claims in a federal habeas proceeding.
Id., at 162;
Coleman,
supra, at
744–751.
III
With this background in mind, we
are persuaded that the PLRA exhaustion requirement requires proper
exhaustion.
A
The text of 42 U. S. C.
§1997e(a) strongly suggests that the PLRA uses the term “exhausted”
to mean what the term means in administrative law, where exhaustion
means proper exhaustion. Section 1997e(a) refers to “such
administrative remedies as are available,” and thus points to the
doctrine of exhaustion in administrative law.
B
Construing §1997e(a) to require
proper exhaustion also fits with the general scheme of the PLRA,
whereas respondent’s interpretation would turn that provision into
a largely useless appendage. The PLRA attempts to eliminate
unwarranted federal-court interference with the administration of
prisons,[
Footnote 3] and thus
seeks to “affor[d] corrections officials time and opportunity to
address complaints internally before allowing the initiation of a
federal case.”
Nussle, 534 U. S., at 525. See also
Booth, 532 U. S., at 739. The PLRA also was intended to
“reduce the quantity and improve the quality of prisoner suits.”
Nussle,
supra, at 524.
Requiring proper exhaustion
serves all of these goals. It gives prisoners an effective
incentive to make full use of the prison grievance process and
accordingly provides prisons with a fair opportunity to correct
their own errors. This is particularly important in relation to
state corrections systems because it is “difficult to imagine an
activity in which a State has a stronger interest, or one that is
more intricately bound up with state laws, regulations, and
procedures, than the administration of its prisons.”
Preiser v.
Rodriguez,
411 U. S. 475, 491–492
(1973).
Proper exhaustion reduces the quantity of
prisoner suits because some prisoners are successful in the
administrative process, and others are persuaded by the proceedings
not to file an action in federal court.[
Footnote 4] Finally, proper exhaustion improves the
quality of those prisoner suits that are eventually filed because
proper exhaustion often results in the creation of an
administrative record that is helpful to the court. When a
grievance is filed shortly after the event giving rise to the
grievance, witnesses can be identified and questioned while
memories are still fresh, and evidence can be gathered and
preserved.
While requiring proper exhaustion serves the
purposes of the PLRA, respondent’s interpretation of §1997e(a)
would make the PLRA exhaustion scheme wholly ineffective. The
benefits of exhaustion can be realized only if the prison grievance
system is given a fair opportunity to consider the grievance. The
prison grievance system will not have such an opportunity unless
the grievant complies with the system’s critical procedural rules.
A prisoner who does not want to participate in the prison grievance
system will have little incentive to comply with the system’s
procedural rules unless noncompliance carries a sanction, and under
respondent’s interpretation of the PLRA noncompliance carries no
significant sanction. For example, a prisoner wishing to bypass
available administrative remedies could simply file a late
grievance without providing any reason for failing to file on time.
If the prison then rejects the grievance as untimely, the prisoner
could proceed directly to federal court. And acceptance of the late
grievance would not thwart the prisoner’s wish to bypass the
administrative process; the prisoner could easily achieve this by
violating other procedural rules until the prison administration
has no alternative but to dismiss the grievance on procedural
grounds. We are confident that the PLRA did not create such a
toothless scheme.
Respondent argues that his interpretation of
the PLRA’s exhaustion provision would filter out frivolous claims
because, by the time the deadline for filing a grievance has
passed, the inmate may no longer wish to file suit. Brief for
Respondent 43. But since the deadline for filing an administrative
grievance is generally not very long—14 to 30 days according to the
United States, see Brief for United States as
Amicus
Curiae 29, and even less according to respondent, see Brief
for Respondent 30, n. 17—it is doubtful that Congress thought
requiring a prisoner to wait this long would provide much of a
deterrent. Indeed, many prisoners would probably find it difficult
to prepare, file, and serve a civil complaint before the expiration
of the deadline for filing a grievance in many correctional
systems.
Respondent also contends that his
interpretation of the PLRA exhaustion requirement would filter out
frivolous claims because prisoners could not simply wait until the
deadline for filing an administrative grievance had passed.
According to respondent, “most grievance systems give
administrators the discretion to hear untimely grievances,” and
therefore a prisoner “will be required to file an untimely
grievance and thereby give the grievance system” the opportunity to
address the complaint.
Id., at 43. But assuming for the
sake of argument that the premise of this argument is correct,
i.e., that a court could never conclude that
administrative remedies were unavailable unless an administrative
decision had so held, but see
Coleman, 501 U. S., at 735,
n., a prisoner who does not want to participate in the prison
grievance process would have little difficulty in forcing the
prison to dismiss his administrative case on procedural grounds.
Under the California system, for example, a prisoner has numerous
opportunities to miss deadlines. Therefore, the task of engineering
such a dismissal of a grievance on procedural grounds is unlikely
to be sufficient to alter the conduct of a prisoner whose objective
is to bypass the administrative process.
C
Finally, as interpreted by
respondent, the PLRA exhaustion requirement would be unprecedented.
Respondent has not pointed to any statute or case that purports to
require exhaustion while at the same time allowing a party to
bypass deliberately the administrative process by flouting the
agency’s procedural rules. It is most unlikely that the PLRA, which
was intended to deal with what was perceived as a disruptive tide
of frivolous prisoner litigation, adopted an exhaustion requirement
that goes further than any other model that has been called to our
attention in permitting the wholesale bypassing of administrative
remedies. Respondent identifies three models for the scheme of
“exhaustion
simpliciter” that he believes is set out in
the PLRA, but none of these examples is apt.
Respondent first looks to habeas
law as it existed prior to
Wainwright v.
Sykes,
433 U. S. 72
(1977). Before then, a federal habeas claim could be procedurally
defaulted only if the prisoner deliberately bypassed state
remedies. See
Fay v.
Noia,
372 U. S. 391, 438 (1963). It would be
fanciful, however, to suggest that the PLRA exhaustion requirement
was patterned on habeas law as it existed in the years between
Fay and
Wainwright. As respondent stresses, the
PLRA was enacted contemporaneously with the Antiterrorism and
Effective Death Penalty Act of 1996 (AEDPA), 110 Stat. 104, which
gave federal habeas review a structure markedly different from that
which existed in the period between
Fay and
Wainwright.
Furthermore, respondent’s interpretation of
§1997e(a) would not duplicate the scheme that existed in habeas
during that interval. As interpreted by respondent, §1997e(a) would
permit a prisoner to bypass deliberately and flagrantly
administrative review without any risk of sanction. Because it is
unlikely that the PLRA was intended to permit this, the two Courts
of Appeals that have held that §1997e(a) does not require proper
exhaustion both pointedly stated that their decisions did not allow
a prisoner to bypass deliberately administrative remedies. See 403
F. 3d, at 629;
Thomas, 337 F. 3d, at 732, and n.
4. Neither of these courts, however, explained how §1997e(a) can be
interpreted in this way—that is, so that it does not require proper
exhaustion but somehow proscribes deliberate bypass.
Apparently recognizing that such an
interpretation neither has a statutory basis nor refers to a
concept of exhaustion from an existing body of law, respondent does
not contend that §1997e(a) prohibits deliberate bypass; in his
view, all that §1997e(a) demands is that a prisoner wait until any
opportunity for administrative review has evaporated. But in making
this argument, respondent asks us to hold that the PLRA was meant
to adopt an exhaustion scheme that stands in sharp contrast to both
current and past habeas law and is unlike any other exhaustion
scheme that has been called to our attention.
Respondent next suggests that the PLRA
exhaustion requirement was patterned on §14(b) of the Age
Discrimination in Employment Act of 1967, (ADEA), 81 Stat. 607,
codified at 29 U. S. C. §633(b), and §706(e) of Title VII of
the Civil Rights Act of 1964, 78 Stat. 260, as redesignated and
amended, 42 U. S. C. §2000e–5(e), but these are implausible
models. Neither of these provisions makes reference to the concept
of exhaustion, and neither is in any sense an exhaustion
provision.
In
Oscar Mayer & Co. v.
Evans,
441
U. S. 750 (1979), we considered §14(b) of the ADEA, which
provides that, if a State has an agency to redress state-law
age-related employment-discrimination claims, an ADEA claim may not
be brought in federal court “before the expiration of sixty days
after proceedings have been commenced under the State
law.” 29 U. S. C. §633(b) (emphasis added). This provision
makes no reference to the exhaustion of state remedies, only to the
“commence[ment]” of state proceedings, and this provision leaves no
doubt that proper commencement of those proceedings is not
required. As we noted, see
Oscar Mayer, 441 U. S., at 759,
§14(b) of the ADEA states that the requirement of commencement is
satisfied merely by sending the state agency a signed statement of
the pertinent facts, and §14(b) explicitly provides that the
commencement requirement does not entail compliance with any other
state procedural rule, including a deadline for initiating the
state proceeding,
id., at 760. We see little similarity
between §14(b), which merely requires the commencement of state
proceedings and
explicitly does not require timely
commencement, and 42 U. S. C. §1997e(a), which expressly
requires exhaustion of available administrative remedies with no
reference to a federally based limiting principle.
Section 706(e) of Title VII is also
fundamentally different from the PLRA exhaustion provision. As
interpreted by this Court, §706(e) means that a complainant who
“initially institutes proceedings with a state or local agency with
authority to grant or seek relief from the practice charged” must
“file a charge” with that agency, or “have the EEOC refer the
charge to that agency, within 240 days of the alleged
discriminatory event … .”
EEOC v.
Commercial
Office Products Co.,
486 U. S. 107, 110–111
(1988). Following the reasoning of
Oscar Mayer, we held
that this filing requirement did not demand that the charge
submitted to the state or local authority be filed in compliance
with the authority’s time limit. 486 U. S., at 123–125. Because
§706(e) of Title VII, refers only to the filing of a charge with a
state or local agency and not to the exhaustion of remedies,
§706(e) cannot be viewed as a model for the PLRA exhaustion
provision.
IV
Respondent’s remaining arguments
regarding the interpretation of 42 U. S. C. §1997e(a) are
unconvincing. Relying on the use of the term “until” in the phrase
“until such administrative remedies as are available are
exhausted,” respondent contends that “[t]he use of the temporal
word ‘until’ … conveys a timing requirement: it assumes that the
question to be answered is simply whether the prisoner can file
suit now or must wait until later.” Brief for Respondent 11.
Likewise, according to respondent, the use of the present tense
(“such administrative remedies as
are available,”
§1997e(a) (emphasis added)), requires “a focus on whether any
administrative remedies are
presently available.”
Id., at 12. But saying that a party may not sue in federal
court
until the party first
pursues all available
avenues of administrative review necessarily means that, if the
party never pursues all available avenues of administrative review,
the person will never be able to sue in federal court. Thus,
§1997e(a)’s use of the term “until” and the present tense does not
support respondent’s position.
Respondent attaches significance
to the fact that the PLRA exhaustion provision does not expressly
state that a prisoner must have “properly exhausted” available
administrative remedies, whereas a tolling provision of the AEDPA
provides that the time for filing a federal habeas petition is
tolled during the period when “a
properly filed
application for State post-conviction or other collateral review .
. . is pending.” 28 U. S. C. §2244(d)(2) (emphasis added). In
our view, respondent draws an unreasonable inference from the
difference in the wording of these two provisions. Although the
AEDPA and the PLRA were enacted at roughly the same time, they are
separate and detailed pieces of legislation. Moreover, the AEDPA
and PLRA provisions deal with separate issues: tolling in the case
of AEDPA and exhaustion in the case of the PLRA.
Respondent maintains that his interpretation
of the PLRA exhaustion provision is bolstered by another PLRA
provision, 42 U. S. C. §1997e(c)(2), that permits a district
court to dismiss certain prisoner claims “without first requiring
the exhaustion of administrative remedies.” According to
respondent, this provision shows that Congress thought that, at the
point when a district court might make such a ruling (which would
typically be well after the filing of the complaint), a prisoner
might still have the opportunity to exhaust administrative
remedies. Because short administrative filing deadlines would make
this impossible, respondent contends, Congress cannot have thought
that a prisoner’s failure to comply with those deadlines would
preclude litigation in federal court.
Respondent’s argument is unconvincing for at
least two reasons. First, respondent has not shown that Congress
had reason to believe that every prison system would have
relatively short and categorical filing deadlines. Indeed,
respondent asserts that most grievance systems give administrators
the discretion to hear untimely grievances. Second, even if
dismissals under §1997e(c)(2) typically occur when the opportunity
to pursue administrative remedies has passed, §1997e(c)(2) still
serves a useful function by making it clear that the PLRA
exhaustion requirement is not jurisdictional, and thus allowing a
district court to dismiss plainly meritless claims without first
addressing what may be a much more complex question, namely,
whether the prisoner did in fact properly exhaust available
administrative remedies.[
Footnote
5]
Respondent next argues that the similarity
between the wording of the PLRA exhaustion provision and the AEDPA
exhaustion provision, 28 U. S. C. §2254(c), shows that the
PLRA provision was meant to incorporate the narrow technical
definition of exhaustion that applies in habeas. We reject this
argument for two reasons.
First, there is nothing particularly
distinctive about the wording of the habeas and PLRA exhaustion
provisions. They say what any exhaustion provision must say—that a
judicial remedy may not be sought or obtained unless, until, or
before certain other remedies are exhausted. It is, therefore,
unrealistic to infer from the wording of the PLRA provision that
Congress framed and adopted that provision with habeas law and not
administrative law in mind. Indeed, the wording of the PLRA
provision (a prisoner may not bring an action with respect to
prison conditions “
until such administrative remedies as are
available are exhausted”) is strikingly similar to our
description of the doctrine of administrative exhaustion
(“ ‘no one is entitled to judicial relief for a supposed or
threatened injury
until the prescribed administrative remedy
has been exhausted,’ ”
McKart, 395 U. S., at 193
(citation omitted; emphasis added)).
Second, respondent’s suggestion that the PLRA
was meant to incorporate the same technical distinction that exists
in habeas law without providing
any sanction to prevent
willful noncompliance—not even the deliberate bypass standard of
Fay—would produce a scheme that in practical terms is
radically different from the habeas scheme. Copying habeas’ narrow
definition of exhaustion without furnishing any sanction to promote
compliance would be like copying the design for an airplane but
omitting one of the wings.
Respondent contends that requiring proper
exhaustion will lead prison administrators to devise procedural
requirements that are designed to trap unwary prisoners and thus to
defeat their claims. Respondent does not contend, however, that
anything like this occurred in his case, and it is speculative that
this will occur in the future. Corrections officials concerned
about maintaining order in their institutions have a reason for
creating and retaining grievance systems that provide—and that are
perceived by prisoners as providing—a meaningful opportunity for
prisoners to raise meritorious grievances. And with respect to the
possibility that prisons might create procedural requirements for
the purpose of tripping up all but the most skillful prisoners,
while Congress repealed the “plain, speedy, and effective”
standard, see 42 U. S. C. §1997e(a)(1) (1994 ed.) (repealed
1996), we have no occasion here to decide how such situations might
be addressed.
Respondent argues that requiring proper
exhaustion is harsh for prisoners, who generally are untrained in
the law and are often poorly educated. This argument overlooks the
informality and relative simplicity of prison grievance systems
like California’s, as well as the fact that prisoners who litigate
in federal court generally proceed
pro se and are forced
to comply with numerous unforgiving deadlines and other procedural
requirements.
* * *
For these reasons, we reverse the
judgment of the Court of Appeals for the Ninth Circuit and remand
the case for proceedings consistent with this opinion.
It is so ordered.
Footnote 1
One can conceive of an inmate’s seeking to
avoid creating an administrative record with someone that he or she
views as a hostile factfinder, filing a lawsuit primarily as a
method of making some corrections official’s life difficult, or
perhaps even speculating that a suit will mean a welcome—if
temporary—respite from his or her cell.
Footnote 2
The dissent makes two chief arguments
regarding the doctrine of exhaustion in administrative law. Neither
is sound.
First, the dissent contends that, “in the absence of explicit
statutory directive,” proper exhaustion is required only in
proceedings that are in the nature of “appellate review
proceedings.”
Post, at 9 (opinion of Stevens, J.).
The only authorities cited in support of this proposition are
Sims v.
Apfel, 530 U. S. 103, 108–109 (2000)—which
concerns different questions,
i.e., issue exhaustion and
the distinction between adversarial and non-adversarial
proceedings—and an
amici brief, which in turns cites no
supporting authority. See
post, at 9 (citing Brief for Law
Professors 1). The
amici brief argues that “[t]he
conceptual key to this case is [the] distinction” between an
“original proceeding,” in which “the court is simply determining
the legality of out-of-court action,” and a “review proceeding,” in
which the court must “review the decision of some other
adjudicator.”
Id., at 2–3. According to the
amici
brief, habeas petitions are prime examples of “review
proceeding[s]” because they “ask federal courts to review the
decisions of state courts.”
Id., at 3. This argument is
deeply flawed.
“[H]abeas corpus [is] an original … civil remedy for the
enforcement of the right to personal liberty, rather than . . . a
stage of the state criminal proceedings … or as an appeal
therefrom.”
Fay v.
Noia, 372 U. S. 391, 423–424 (1963)
(footnote omitted). And habeas law includes the “judge-made
doctrine of procedural default.”
Post, at 5, n. 4. This
shows that the dissent and the
amici brief are incorrect
in contending that a proper exhaustion requirement is incompatible
with an original proceeding.
Second, the dissent argues that, even if administrative law
generally requires proper exhaustion, respondent falls within an
exception to that rule.
Post, at 11. As the dissent puts
it, “[b]ecause respondent has raised constitutional claims, … the
Court may not, as a matter of federal common law, apply an
extrastatutory waiver requirement against him.”
Ibid. But
we are not applying an “extrastatutory” requirement “as a matter of
federal common law.”
Ibid. We are interpreting and
applying the statutory requirement set out in the PLRA exhaustion
provision. We interpret the PLRA exhaustion provision to require
proper exhaustion, not the unprecedented scheme of exhaustion
simpliciter that the respondent advocates. As for the
suggestion that the PLRA might be meant to require proper
exhaustion of non-constitutional claims but not constitutional
claims, we fail to see how such a carve-out would serve Congress’
purpose of addressing a flood of prisoner litigation in the federal
courts, see
supra, at 1, when the overwhelming majority of
prisoner civil rights and prison condition suits are based on the
Constitution.
Footnote 3
See,
e.g., 18 U. S. C.
§3626(b)(2) (termination of prison-conditions consent decrees).
Footnote 4
The dissent’s objection,
post, at 4,
that exhaustion
simpliciter is enough to reduce frivolous
prisoner suits is not well taken. First, what matters is not
whether proper exhaustion was necessary to reach that goal, but
whether proper exhaustion was mandated by Congress. Second, the
empirical support for the dissent’s conclusion is weak. The dissent
points to a drop in volume of prisoner litigation between 1995 and
2000 and concludes that it was “clearly a direct result of the
PLRA’s exhaustion requirement.”
Post, at 12. But this
mistakes correlation for causation: A requirement of exhaustion
simpliciter will not, absent a mollified prisoner, prevent
a case from being docketed—and thus appearing in the filing
statistics the dissent cites. The credit for reduced filings more
likely belongs to the PLRA’s enactment of 28 U. S. C. §1915A
(requiring district courts to screen “before docketing, if
feasible” prisoner civil complaints), and its amendments to §1915
(forbidding frequent-filer prisoners from proceeding
in forma
pauperis). Finally, prisoner civil rights and prison
conditions cases still account for an outsized share of filings:
From 2000 through 2005, such cases represented between 8.3% and
9.8% of the new filings in the federal district courts, or on
average about one new prisoner case every other week for each of
the nearly 1000 active and senior district judges across the
country. See Administrative Office of the United States Courts,
Judicial Facts and Figures, tbls. 1.1, 4.4, 4.6,
http://www.uscourts.gov/ judicialfactsfigures/contents.html (as
visited June 19, 2006, and available in Clerk of Court’s case
file).
Footnote 5
Questions regarding the timeliness of
prisoner filings occur frequently. See,
e.g.,
Wallace v.
Burbury, 305 F. Supp. 2d 801, 806
(ND Ohio 2003);
Pusey v.
Belanger, No. Civ.
02–351–SLR, 2004 WL 2075472 (D. Del., Sept. 14, 2004);
Eakle v.
Tennis, No. Civ. 4:CV–04–2040, 2005 WL
2266270 (MD Pa., Sept. 16, 2005);
Williams v.
Briley, No. 04 C 5701, 2005 WL 1498865 (ND Ill., June 21,
2005);
Issac v.
Nix, No. Civ. A. 2:04CV172RWS,
2006 WL 861642 (ND Ga., Mar. 30, 2006).
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