Carter v. Edwards
2:20-cv-00648
E.D. Wis.Apr 30, 2020Background:
- Tommie L. Carter, a pro se prisoner, filed a federal complaint on April 24, 2020 alleging a constitutional violation that occurred on April 21, 2020 at Green Bay Correctional Facility.
- The complaint was filed three days after the alleged incident.
- The Prison Litigation Reform Act (PLRA) requires prisoners to exhaust available administrative remedies before filing suit.
- Wisconsin’s Inmate Complaint Review System (ICRS) requires a two-step process: file an offender complaint with the Institution Complaint Examiner (ICE) within 14 days, pursue appeals as allowed, and then appeal to the Corrections Complaint Examiner (CCE) and await the Secretary’s decision or 90 days for exhaustion to be complete.
- Because only three days elapsed, Carter could not have completed the ICRS process; the court dismissed the case without prejudice for failure to exhaust and directed the clerk to enter judgment.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Carter exhausted administrative remedies under the PLRA before filing suit | Carter filed a federal complaint alleging constitutional harm; no completed ICRS exhaustion is alleged | ICRS remedies were available and were not exhausted before Carter filed suit | Case dismissed without prejudice for failure to exhaust administrative remedies |
Key Cases Cited
- Pozo v. McCaughtry, 286 F.3d 1022 (7th Cir. 2002) (PLRA requires precise compliance with prison grievance rules)
- Burrell v. Powers, 431 F.3d 282 (7th Cir. 2005) (substantial compliance with grievance rules is insufficient under the PLRA)
- Perez v. Wisconsin Department of Corrections, 182 F.3d 532 (7th Cir. 1999) (a suit filed before exhaustion is complete must be dismissed even if exhaustion occurs later)