Higginbottom v. Gardner, 223 F.3d 1259 (11th Cir. 2000). · Go Syfert
Higginbottom v. Gardner, 223 F.3d 1259 (11th Cir. 2000). Cases Citing This Book View Copy Cite
240 citation events (238 in the last 25 years) across 14 distinct courts.
Strongest positive: Antwan Jovan Jackson v. NWFRC (flnd, 2026-02-13)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Antwan Jovan Jackson v. NWFRC
N.D. Fla. · 2026 · quote attribution · 1 verbatim quote · confidence low
the plain language of the makes exhaustion a precondition to filing an action in federal court.
discussed Cited as authority (quoted) Mobley-Weeks v. Gonzalez
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence low
ince the plra's exhaustion requirements encompass excessive-use- of-force claims, higginbottom was required to exhaust his administrative remedies before filing suit.
discussed Cited as authority (quoted) Harris v. Dixon
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
he plain language of the statute adequately puts prisoners on notice that they must exhaust their administrative remedies before pursuing prison- related civil actions in federal court.
discussed Cited as authority (quoted) Bruce v. Carvajal
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he exhaustion requirement cannot be waived based upon the prisoner's belief that pursuing administrative procedures would be futile.
discussed Cited as authority (quoted) Diaz v. Hart
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he exhaustion requirement cannot be waived based upon the prisoner's belief that pursuing administrative procedures would be futile.
discussed Cited as authority (quoted) Gomez v. Bell
N.D. Ga. · 2020 · quote attribution · 1 verbatim quote · confidence low
higginbottom was required to exhaust his administrative remedies before filing suit.
discussed Cited as authority (quoted) Jacobs v. Federal Bureau of Prisons
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
he exhaustion requirement cannot be waived based upon the prisoner's belief that pursuing administrative procedures would be futile.
discussed Cited as authority (rule) Earnest Barnard Clayton v. Captain Branch (2×) also: Cited "see, e.g."
S.D. Ga. · 2025 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Junco v. Ware State Prison
S.D. Ga. · 2025 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Jackson v. Danforth
S.D. Ga. · 2025 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Goodman v. Tillman
S.D. Ga. · 2025 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Isler v. Medical Department at Johnson State Prison (2×) also: Cited "see, e.g."
S.D. Ga. · 2025 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Roberts v. Wattson (2×) also: Cited "see, e.g."
S.D. Ga. · 2025 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Davis v. West
S.D. Ga. · 2025 · confidence medium
See Bryant, 530 F.3d at 1379 ; Johnson, 418 F.3d at 1158-59 ; see also Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.’’) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Kitchens v. Wells (2×) also: Cited "see, e.g."
S.D. Ga. · 2025 · confidence medium
See Bryant, 530 F.3d at 1379 ; Johnson, 418 F.3d at 1158-59 ; see also Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) WORTHEN v. YORK
S.D. Ga. · 2025 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Weaver v. CoreCivic
S.D. Ga. · 2025 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Fendley v. King
S.D. Ga. · 2025 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Spencer v. Wheeler Correctional Facility
S.D. Ga. · 2025 · confidence medium
Leal, 254 F.3d at 1279 (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Hall v. State D.O.C. (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Junco v. Ware State Prison
S.D. Ga. · 2024 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Houze v. Swaney (2×)
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Berry v. McFarland (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
cited Cited as authority (rule) Dupont v. Swaney
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Harrison v. Cumbie (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) RIGGS v. STEWART (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner 1s precluded from filing suit in federal court.”’) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Myers v. Adams (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Satcher v. McFarlane (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Twitty v. Cheney
S.D. Ga. · 2024 · confidence medium
See Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
cited Cited as authority (rule) Votrobek v. Sanders (INMATE 3)
M.D. Ala. · 2024 · confidence medium
Porter, 534 U.S. at 524 ; Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Clark v. McFarlene (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Eads v. Cheney (2×) also: Cited "see, e.g."
S.D. Ga. · 2024 · confidence medium
Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Lee v. Wilcox (2×) also: Cited "see, e.g."
S.D. Ga. · 2023 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) McMauley v. Fikes (2×)
S.D. Ga. · 2023 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Kitchens v. Wells (2×) also: Cited "see, e.g."
S.D. Ga. · 2023 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Williams v. Reeves (2×) also: Cited "see, e.g."
S.D. Ga. · 2022 · confidence medium
Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Turner v. Ward
S.D. Ga. · 2022 · confidence medium
Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Murphy v. Ward (2×) also: Cited "see, e.g."
S.D. Ga. · 2022 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) McPherson v. Ward
S.D. Ga. · 2022 · confidence medium
Ga. Apr. 20, 2018) (“[B]ecause exhaustion of administrative remedies is a ‘precondition’ to filing an action in federal court, Plaintiff had to complete the entire administrative grievance procedure before initiating this suit.” (quoting Higginbottom, 223 F.3d at 1261)).
discussed Cited as authority (rule) Allen v. Cunningham (INMATE 2)
M.D. Ala. · 2022 · confidence medium
Id. at 83-84; Bryant, 530 F3d at 1378 (explaining that to exhaust administrative remedies in accordance with the PLRA, prisoners must “properly take each step within the administrative process.”); Johnson v. Meadows, 418 F.3d 1152, 1157 (11th Cir. 2005) (holding that inmate who files an untimely grievance or simply spurns the administrative process until it is no longer available fails to satisfy the exhaustion requirement of the PLRA); Higginbottom, 223 F.3d at 1261 (observing that inmate’s belief that administrative procedures are futile or needless does not excuse the 9 exhaustion req…
discussed Cited as authority (rule) Baillie v. Thompson (2×) also: Cited "see, e.g."
S.D. Ga. · 2022 · confidence medium
Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (*“[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
examined Cited as authority (rule) Edwin Estangley Garcia v. Doctor Osegbue Obasi (3×) also: Cited "see"
11th Cir. · 2022 · confidence medium
“The plain language of the statute makes ex- haustion a precondition to filing an action in federal court.” Hig- ginbottom, 223 F.3d at 1261 (citation omitted).
discussed Cited as authority (rule) Hope v. Woods (INMATE 3)
M.D. Ala. · 2021 · confidence medium
Id. at 83–84; Bryant, 530 F3d at 1378 (explaining that to exhaust administrative remedies under the PLRA, prisoners must “properly take each step within the administrative process.”); Johnson v. Meadows, 418 F.3d 1152, 1157 (11th Cir. 2005) (holding that inmate who files an untimely grievance or simply spurns the administrative process until it is no longer available fails to satisfy the exhaustion requirement of the PLRA); Higginbottom, 223 F.3d at 1261 (observing that inmate’s belief that administrative procedures are futile or needless does not excuse the exhaustion requirement).
discussed Cited as authority (rule) Spruill v. Beasley (2×) also: Cited "see, e.g."
S.D. Ga. · 2020 · confidence medium
Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Williams v. Harris (2×) also: Cited "see, e.g."
S.D. Ga. · 2020 · confidence medium
See Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Wade v. Valenza (INMATE 1)
M.D. Ala. · 2020 · confidence medium
The Supreme Court reasoned that because proper exhaustion of administrative remedies is necessary an inmate cannot “satisfy the Prison Litigation Reform Act’s exhaustion requirement . . . by filing an untimely or otherwise procedurally defective administrative grievance or appeal” or by effectively bypassing the administrative process simply by waiting until the grievance procedure is no longer available to him. 548 U.S. at 83–84; Bryant, 530 F3d at 1378 (stating that prisoners must “properly take each step within the administrative process.”); Johnson v. Meadows, 418 F.3d 1152, 11…
discussed Cited as authority (rule) Ellis v. Henline (INMATE 1)(CONSENT)
M.D. Ala. · 2020 · confidence medium
The Supreme Court reasoned that because proper exhaustion of administrative remedies is necessary an inmate cannot “satisfy the Prison Litigation Reform Act’s exhaustion requirement . . . by filing an untimely or otherwise procedurally defective administrative grievance or appeal[,]” or by effectively bypassing the administrative process simply by waiting until the grievance procedure is no longer available to him. 548 U.S. at 83–84; Bryant, 530 F3d at 1378 (holding that to exhaust administrative remedies in accordance with the PLRA, prisoners must “properly take each step within the…
discussed Cited as authority (rule) Wilson v. Hall (2×) also: Cited "see, e.g."
S.D. Ga. · 2020 · confidence medium
Leal v. Ga. Dep’t of Corr., 254 F.3d 1276 , 1279 (11th Cir. 2001) (per curiam) (“‘[U]ntil such administrative remedies as are available are exhausted,’ a prisoner is precluded from filing suit in federal court.”) (citations omitted); Higginbottom, 223 F.3d at 1261.
discussed Cited as authority (rule) Marroquin v. Core Civic, Inc.
S.D. Ga. · 2019 · confidence medium
Higginbottom, 223 F.3d at 1261 (noting that an inmate’s belief that administrative procedures are futile or needless does not excuse the exhaustion requirement).
discussed Cited as authority (rule) Collins v. Henline (INMATE 1)
M.D. Ala. · 2019 · confidence medium
The Supreme Court reasoned that because proper exhaustion of administrative remedies is necessary an inmate cannot “satisfy the Prison Litigation Reform Act’s exhaustion requirement . . . by filing an untimely or otherwise procedurally defective administrative grievance or appeal[,]” or by effectively bypassing the administrative process simply by waiting until the grievance procedure is no longer available to him. 548 U.S. at 83–84; Bryant, 530 F3d at 1378 (holding that to exhaust administrative remedies in accordance with the PLRA, prisoners must “properly take each step within the…
Retrieving the full opinion text from the archive…
Greg HIGGINBOTTOM, Plaintiff-Appellant,
v.
Alan CARTER, Department of Corrections, Et Al., Defendants-Appellees
99-8055.
Court of Appeals for the Eleventh Circuit.
Aug 21, 2000.
223 F.3d 1259
Greg Higginbottom, Hardwick GA, pro se., John C. Jones, Ralph Williams Ellis, Georgia Dept, of Law, Atlanta, GA, for Defendants-Appellees.
Dubina, Black, Marcus.
Published
4 passages pin-cited by 6 cases
Pinpoint authority: #10,195 of 633,719
Citer courts: M.D. Florida (5) · N.D. Georgia (1)
PER CURIAM:

I.

Appellant Greg Higginbottom (“Higgin-bottom”) appeals from the district court’s order dismissing his civil rights complaint for failure to exhaust his state administrative remedies pursuant to 42 U.S.C. § 1997e(a). Higginbottom filed his complaint after April 26, 1996; therefore, the requirements of the Prison Litigation Reform Act of 1995 (“PLRA”) (effective April 26,1996), apply to his complaint.

On appeal, Higginbottom raises an issue of first impression in our circuit: whether his excessive-use-of-force claim is subject to the PLRA’s exhaustion requirements. Higginbottom also raises several other challenges on appeal: (1) that there are no administrative remedies available to him, because he challenged actions of the Commissioner of the Department of Corrections, Wayne Gardner; (2) that the administrative remedies are not “available” to provide the monetary damages that he seeks in this lawsuit; (3) that 42 U.S.C. § 1997e(a) is “complex,” “not clear,” and “vague,” as evidenced by interpretive splits among the circuits and district courts; (4) that the claims asserted in his brief “are not grievable”; and (5) that the district court erred by vacating a four-month-old order. For the first time on appeal, Higginbottom contends that the prison’s grievance procedures are unconstitutionally “vague,” and that the attorney general’s office should not represent defendants accused of a “known ... constitutional wrong.”

II.

We review de novo the district court’s interpretation of section 1997e(a)’s exhaustion requirements and application of that section to Higginbottom’s claims. See Alexander v. Hawk, 159 F.3d 1321, 1323 (11th Cir.1998). Issues raised for the first time on appeal are not properly before this court unless one of five exceptions applies. See Narey v. Dean, 32 F.3d 1521, 1526-27 (11th Cir.1994). None of these five exceptions applies in this case.

III.

Higginbottom argues that the PLRA’s exhaustion requirements do not apply to his excessive-use-of-force claim because the claim did not challenge “prison conditions” as defined in the PLRA. See 18 U.S.C. § 3626(g)(2). Title 18 U.S.C. § 3626(g)(2), which was amended as part of the same legislation as § 1997e, provides that the term “civil action with respect to prison conditions” means any civil action arising under federal law “with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison.” Thus, the plain language of the statute does include claims alleging excessive force. See Freeman v. Francis, 196 F.3d 641, 643-44 (6th Cir.1999); see also Booth v. Churner, 206 F.3d 289 (3d Cir.[*1261] 2000), petition for cert. filed, (U.S. June 5, 2000) (No. 99-1964). Furthermore, reading the term “prison conditions” to include excessive-use-of-force claims is supported by the purpose and legislative history of the Act. Congress passed the PLRA to reduce frivolous prisoner lawsuits. See Freeman, 196 F.3d at 644. “A broad exhaustion requirement that includes excessive force claims effectuates this purpose and maximizes the benefits of requiring prisoners to use prison grievance procedures before coming to federal court.” Id.

Moreover, the exhaustion requirement cannot be waived based upon the prisoner’s belief that pursuing administrative procedures would be futile. See Alexander, 159 F.3d at 1323. “The plain language of the statute makes exhaustion a precondition to filing an action in federal court.” Freeman, 196 F.3d at 645. Accordingly, since the PLRA’s exhaustion requirements encompass excessive-use-of-force claims, Higginbottom was required to exhaust his administrative remedies before filing suit.

We see no merit to any of Higginbottom’s remaining arguments. A review of the record demonstrates that the district court did not err by vacating its order denying dismissal, despite the fact that the order was four months old, because the vacatur occurred only six weeks after new, binding case law was issued. In addition, we hold that § 1997e(a) is not unconstitutionally “vague” because the plain language of the statute adequately puts prisoners on notice that they must exhaust their administrative remedies before pursuing prison-related civil actions in federal court. Finally, Higginbottom offers no arguments supporting his assertion that his claims were “not grievable.”

For the foregoing reasons, we affirm the district court’s judgment of dismissal.

AFFIRMED.