Turner v. Secretary Pennsylvania Department of Corrections
683 F. App'x 180
| 3rd Cir. | 2017Background
- Plaintiff William Turner, a Pennsylvania inmate, sued alleging (1) improper double-celling at SCI‑Mahanoy, (2) inadequate medical care for his diabetes (medication changed without warning of side effects), and (3) a retaliatory transfer to SCI‑Frackville for filing grievances.
- Turner filed the suit on October 20, 2014; he had been housed at SCI‑Mahanoy from 1997 until a September 2014 transfer.
- Defendants (DOC administrators and SCI‑Mahanoy officials) moved to stay discovery and later for summary judgment; the District Court stayed discovery and granted summary judgment.
- The District Court held the diabetes-medication claim time‑barred (final grievance decision in Jan. 2010; two‑year statute of limitations) and dismissed other claims for failure to exhaust administrative remedies under the PLRA.
- Turner sought to amend his complaint; the District Court did not explicitly rule on the motion, but the court of appeals concluded amendment would have been futile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether diabetes‑medication claim is timely | Turner contended med change claim is actionable | Defendants argued final grievance decision was in Jan. 2010, so suit filed in 2014 is time‑barred | Claim time‑barred under two‑year statute of limitations; summary judgment for defendants |
| Whether unrelated pre‑suit grievances exhaust federal claims | Turner pointed to several earlier grievances (job removal, lotion co‑pay, x‑ray) as evidence of exhaustion | Defendants said those grievances were unrelated to the claims in the complaint | Grievances unrelated; cannot satisfy PLRA exhaustion requirement |
| Whether August 2014 grievance exhausted remedies (double‑celling & diabetes care) | Turner relied on August 2014 grievance complaining of double‑celling and diabetes care | Defendants noted the institutional appeal was dismissed for failure to provide required documentation | Dismissal for procedural noncompliance = failure to exhaust; claims barred |
| Whether October 30, 2014 grievance (transfer/retaliation) was exhausted / effect of alleged Sept. 24 grievance | Turner alleged transfer was retaliatory and alluded to an earlier Sept. 24 grievance that received no response | Defendants noted final institutional appeal of Oct. 30 grievance occurred after suit filing; no proof of Sept. 24 grievance | Oct. 30 grievance did not show pre‑suit exhaustion; alleged Sept. 24 grievance issue waived for appeal and, on record, insufficient to avoid summary judgment |
Key Cases Cited
- Giles v. Kearney, 571 F.3d 318 (3d Cir. 2009) (summary judgment standard review on appeal)
- Smith v. City of Pittsburgh, 764 F.2d 188 (3d Cir. 1985) (statute of limitations principles)
- Woodford v. Ngo, 548 U.S. 81 (2006) (exhaustion must comply with procedural rules)
- Porter v. Nussle, 534 U.S. 516 (2002) (exhaustion under PLRA is mandatory)
- Nyhuis v. Reno, 204 F.3d 65 (3d Cir. 2000) (exhaustion principles and timing)
- Ahmed v. Dragovich, 297 F.3d 201 (3d Cir. 2002) (procedural default in grievance process bars suit)
- Spruill v. Gillis, 372 F.3d 218 (3d Cir. 2004) (PLRA procedural default framework)
- Johnson v. Jones, 340 F.3d 624 (8th Cir. 2003) (exhaustion timing and effect)
- Robinson v. Superintendent Rockview SCI, 831 F.3d 148 (3d Cir. 2016) (excusing exhaustion where grievance process was thwarted)
- Small v. Camden Cty., 728 F.3d 265 (3d Cir. 2013) (circumstances excusing exhaustion)
- Prometheus Radio Project v. FCC, 824 F.3d 33 (3d Cir. 2016) (waiver of appellate issues by failure to raise)
- Ridgewood Bd. of Educ. v. N.E. ex rel. M.E., 172 F.3d 238 (3d Cir. 1999) (cannot avoid summary judgment with speculation)
- George v. Smith, 507 F.3d 605 (7th Cir. 2007) (futility of certain proposed amendments)
