Burgess v. Hodgson
3:22-cv-00416
M.D. Fla.May 28, 2025Background
- Jerome Burgess, a Florida inmate, filed a pro se civil rights complaint against several prison officials alleging violations during his incarceration.
- Defendants previously moved to dismiss on the basis that Burgess failed to exhaust administrative remedies; the court denied these motions after Burgess submitted a grievance as evidence.
- Later, Defendants alleged Burgess had submitted a forged grievance document to defeat the motions to dismiss, providing declarations and prison records to support their claim.
- Independent reviews of grievance logs and expert declarations demonstrated that the disputed grievance log number was assigned to a different inmate, and that the document Burgess filed was altered.
- The Court found Burgess’s submission to be a fraudulent attempt to influence the litigation and issued an order to show cause why the case should not be dismissed as a sanction.
- Despite warnings, Burgess doubled down and provided unsupported explanations, failing to rebut the clear evidence of bad faith.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fraud on the court | Burgess denied forging the grievance & blamed Defendants | Burgess submitted a fraudulent grievance to bypass dismissal | Court found fraud and bad faith |
| Validity of exhaustion | Burgess argued the grievance was properly filed | Records showed no such grievance filed by Burgess | Grievance was fake; exhaustion failed |
| Duplicate log numbers | Claimed possible clerical error by staff | Staff and records confirm unique log numbers; no such error | No evidence of duplicate log numbers |
| Appropriate sanction | Sought to avoid dismissal and challenged evidence | Requested dismissal with prejudice due to fraud | Case dismissed with prejudice |
Key Cases Cited
- Chambers v. NASCO, Inc., 501 U.S. 32 (inherent authority to sanction litigants for abuse of process)
- Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218 (bad faith required for inherent power sanctions)
- Marx v. Gen. Revenue Corp., 568 U.S. 371 (inherent power extends to bad-faith, vexatious conduct)