543 F. App'x 778
10th Cir.2013Background
- Craft, an Oklahoma prisoner, sued under §1983 alleging glass in his food and retaliation.
- District court dismissed for failure to exhaust administrative remedies; Craft sought to amend after dismissal, district court denied.
- Oklahoma’s grievance procedure has three steps: informal resolution, grievance, and administrative review; emergencies may skip informal step.
- Grievance restriction requires an affidavit and list of prior grievances; emergency filings are screened for true emergency.
- Court applies de novo review to exhaustion, requiring proper completion of the process and curing deficiencies (no substantial compliance).
- Court affirmatively held Craft did not properly exhaust: he used emergency procedure while restricted, grievances were returned, and he failed to file required affidavit and restart the process; post-judgment amendment was properly denied as within district court’s discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exhaustion of administrative remedies satisfied? | Craft exhausted via grievance process. | Remedies not properly exhausted due to emergency filing under restriction and missing affidavits. | Not exhausted; remedies unexhausted and unavailable to Craft. |
| Whether denial of leave to amend post-judgment was proper? | Wanted to add excessive force claim after judgment. | Amendment not timely and should have been sought earlier. | District court did not abuse discretion; post-judgment amendment denied. |
Key Cases Cited
- Woodford v. Ngo, 548 U.S. 81 (U.S. 2006) (exhaustion must be proper and timely)
- Jernigan v. Stuchell, 304 F.3d 1030 (10th Cir. 2002) (proper completion of the grievance process required)
- Gallagher v. Shelton, 587 F.3d 1063 (10th Cir. 2009) (de novo review for exhaustion determinations)
- Brewer v. Mullin, 130 F. App’x 264 (10th Cir. 2005) (emergency grievance may not excuse procedural requirements)
- Cooper v. Shumway, 780 F.2d 27 (10th Cir. 1985) (post-judgment amendment requires Rule 59/60 relief to be entertained)
- The Tool Box, Inc. v. Ogden City Corp., 419 F.3d 1084 (10th Cir. 2005) (abuse-of-discretion standard for post-judgment amendments)