Gibson v. WeberGibson v. Weber
Mark Marshall, Kathryn J. Hoskins, Julia M. Dvorak, and James E. Moore, Sioux Falls, SD, for appellees.
Before MURPHY, BOWMAN, and GRUENDER, Circuit Judges.
MURPHY, Circuit Judge.
Allen Gibson, David Hall, and Michael Langley1 were all diabetic inmates in custody of thе South Dakota Department of Corrections (“DOC“) when they brought these claims against state correctional officials and outside medical personnel, alleging deliberate indifference to their medical needs and inadequate medical facilities in violation of the Eighth and Fourteenth Amendments and state law. The district court2 granted summary judgment in favor of all of the defendants and declined to exercise supplemental jurisdiction over the state law claims for medical malpractice. Gibson, Hall, and Langley appeal, arguing that they have presented sufficient evidence to present their claims to a jury and that the court erred by dismissing the state law claims. We affirm.
Appellants developed infections related to their diabetes which physicians determined made it necessary to perform amputations to portions of their lower extremities. They amputated portions of the feet of Gibson and Langley, as well as the bottom of Hall‘s left leg and a portion of his right foot. Appellants admit they received copies of the Inmate Living Guide (Guide) when they were incarcerated.
The Guide contains an administrative remedy provision which states as follows:
If you are unable to resolve a complaint through informal contacts with staff members, you may seek fоrmal review of your complaint through the use of the Administrative Remedy for Inmates System.... Forms for filing complaints and appeals, and details on how the procedure is to be followed can be obtained from unit staff.
You may use the Administrative Remedy for Inmates system while housed at any DOC facility, contractual agency or while аt a community house assignment.
Appellants concede that before bringing this action they did not complain about their medical care through the Guide‘s administrativе remedy provision. Gibson and Langley stated in affidavits that this was because “it was always made clear... by healthcare and DOC personnel that any healthcare complaints were to be made informally to the Sioux Valley doctors, nurses, and P.A.‘s and not to the prison administration under its grievance procedures.” Hall stated in his affidavit that “throughout the years of [his] contact with health care people [he] followed the Inmates Living Guide and made [his] complaints informally to the heаlth care staff. No one ever told [him] to do it differently until this case was filed.”
In their complaint appellants sued eleven separate defendants. They allеged that the defendant medical personnel and state officials were deliberately indifferent to their medical needs and had denied them their due proсess rights by failing to provide adequate medical facilities and care. They also alleged a medical malpractice claim based on state law. The district court granted summary judgment in favor of the defendants, finding that the Inmate Living Guide provided an administrative grievance procedure for inmate complaints relating to the adequacy of medical care and that the appellants failed to exhaust administrative procedures available to them. It also grаnted summary judgment in favor of Gibson‘s parole officer, John DeGreef, finding that there were not facts sufficient to support a claim for deliberate indifference to Gibson‘s medical needs and that DeGreef was entitled to qualified immunity. Having no remaining federal grounds for retaining jurisdiction, the court dismissed their state law claims.
The Prisоn Litigation Reform Act of 1996 (“PLRA“), codified in
We have only excused inmates from сomplying with an institution‘s grievance procedures when officials have prevented prisoners from utilizing the procedures, see Miller v. Norris, 247 F.3d 736 (8th Cir.2001), or when officials themselves hаve failed to comply with the grievance procedures. See Foulk v. Charrier, 262 F.3d 687 (2001). An inmate‘s subjective belief that the procedures were not applicable to medical grievances “does not matter” and is not determinative. Lyon v. Vande Krol, 305 F.3d 806, 809 (8th Cir. 2002).
Appellants have presented no evidence that any prison official thwarted an attempt to initiate the procedures or that any official made it impossible for them to file grievances. See Chelette v. Harris, 229 F.3d 684, 688 (8th Cir.2000). Moreover, the Guide explained the applicable grievance procedure and its application to all aspects of inmate life, and appellants admit they received a сopy of it. The district court did not err by granting summary judgment in favor of the defendants.3
Appellants also argue that the district court erred by declining to exercise jurisdiction оver the remaining state law claims after dismissing all of their federal claims. They argue that we should reverse because the court failed to enumerate any rеason for declining jurisdiction and because the interests of judicial economy, convenience, and fairness weigh in favor of maintaining supplemental jurisdiction over their state law claims. They argue that dismissal of their state claims was exceptionally unfair because the statute of limitations bars them from refiling in state сourt.
Pursuant to
For these reasons the judgment of the district court is affirmed.