Mark Robinson v. Superintendent Rockview SCI, 831 F.3d 148 (3rd Cir. 2016). · Go Syfert
Mark Robinson v. Superintendent Rockview SCI, 831 F.3d 148 (3rd Cir. 2016). Cases Citing This Book View Copy Cite
“risoners must complete the administrative review process in accordance with the applicable procedural rules, rules that are defined not by the plra, but by the prison grievance process itself.”
171 citation events (171 in the last 25 years) across 11 distinct courts.
Strongest positive: Betancourth v. Knorr (pamd, 2024-07-08)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Betancourth v. Knorr
M.D. Penn. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
decision to accept belated response in good faith and pursue his claim through the remainder of the belated administrative process does not rectify the prison's errors.
discussed Cited as authority (verbatim quote) Holmes v. PA Dept. of Corrections
M.D. Penn. · 2020 · quote attribution · 1 verbatim quote · confidence high
risoners must complete the administrative review process in accordance with the applicable procedural rules, rules that are defined not by the plra, but by the prison grievance process itself.
discussed Cited as authority (verbatim quote) Covington v. Stuckey-Parchmon
E.D. Mo. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
five of our sister courts have held that a prison's failure to timely respond to an inmate's properly filed grievance renders its remedies 'unavailable' under the plra.
discussed Cited as authority (rule) Antwan L. Richardson v. Brian S. Clark, et al.
M.D. Penn. · 2026 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
discussed Cited as authority (rule) Charlie Castillo v. Correction Officer O'Haine, et al.
M.D. Penn. · 2026 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
discussed Cited as authority (rule) Mark Julian Bethune v. Correctional Officer Iagavino, et al.
M.D. Penn. · 2026 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
discussed Cited as authority (rule) Keith Lamont Burley, Jr. v. CO Fritz, and McDUFFIE, SUPERINTENDENT/WARDEN
W.D. Pa. · 2026 · confidence medium
(ECF No. 132 at 4.)10 While the Court of Appeals has held that a prison may render its administrative remedies unavailable when it fails to timely respond to a grievance, Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d.
cited Cited as authority (rule) Michael Gorrio v. Correctional Officer Shorter, et al.
E.D. Pa. · 2026 · confidence medium
Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d.
discussed Cited as authority (rule) Earl Ronald Moore v. Jennifer Holtzapple
M.D. Penn. · 2026 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
discussed Cited as authority (rule) Garrett Raymond Sainiak v. Security Lt. Newberry, et al.
M.D. Penn. · 2026 · confidence medium
See, e.g., Camp, 219 F.3d at 281 ; Shifflett, 934 F.3d at 359 (“a prisoner exhausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion”); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (holding that prison officials rendered plaintiffs administrative remedies unavailable when they failed to timely respond to his grievance and ignored his follow-up 14 requests for a decision).
discussed Cited as authority (rule) Charles Talbert v. Randy Irwin, et al
W.D. Pa. · 2026 · confidence medium
Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016) (holding that a prison’s failure to timely respond to an ?
discussed Cited as authority (rule) Ryan Michael Gongliewski v. Sgt. Wildenstein, et al.
M.D. Penn. · 2026 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266- 67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-u…
discussed Cited as authority (rule) Mauro Gutierrez Gutierrez v. Colette Peters, et al.
W.D. Pa. · 2025 · confidence medium
Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (recognizing that exhaustion can be rendered unavailable when officials fail to respond to grievances or appeals within the deadline specified by relevant internal procedures), Petitioner admits here that he received a response to his BP-8 form, specifically that his “[r]Jemedy is found in the Court[.]” (ECF No. 8 at 2).
cited Cited as authority (rule) Charles Raymond Earls, III v. John Collins, et al.
W.D. Pa. · 2025 · confidence medium
Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016).
discussed Cited as authority (rule) Joshua Payne v. Michael Gourley
3rd Cir. · 2025 · confidence medium
That distinction, in Payne’s view, rendered his circumstances more like that of the prisoner-appellants in Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016), and Shifflett v. Korszniak, 934 F.3d 356, 359 (3d Cir. 2019), whose failure to exhaust administrative remedies we excused due to the DOC-appellees’ dereliction in timely adjudicating the inmates’ grievances.
discussed Cited as authority (rule) Jackson v. Labosky
M.D. Penn. · 2025 · confidence medium
See, e.g., Camp, 219 F.3d at 281 ; Shifflett, 934 F.3d at 359 (“a prisoner exhausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion”); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (holding that prison officials rendered plaintiff's administrative remedies unavailable when they failed to timely respond to his grievance and ignored his follow-up requests for a decision).
discussed Cited as authority (rule) Gibson v. Mason
M.D. Penn. · 2025 · confidence medium
See, e.g., Camp, 219 F.3d at 281 ; Shifflett, 934 F.3d at 359 (“a prisoner exhausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion’); Robinson v. Superintendent Rockview SC/, 831 F.3d 148, 154 (3d Cir. 2016) (holding that prison officials rendered plaintiff's administrative remedies unavailable when they failed to timely respond to his grievance and ignored his follow-up requests for a decision).
discussed Cited as authority (rule) Jackson v. Labosky
M.D. Penn. · 2025 · confidence medium
See, e.g., Camp 219 F.3d at 281 ; Shiflett, 934 F.3d at 359 ia prisoner exiausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion”); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (holding that prison officials rendered plaintiff's administrative remedies 15 unavailable when they failed to timely respond to his grievance and ignored his follow-up requests for a decision).
discussed Cited as authority (rule) Demuro-Correll v. Haidle
M.D. Penn. · 2025 · confidence medium
(Doc. 32). . 7 . 67 (3d Cir. 2018), or when a prison has “rendered its administrative remedies unavailable... when it failed to timely (by its own procedural rules) respond to [an inmate's] grievance and then repeatedly ignored his follow-up requests for a decision on his claim,” Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016); see also Shifflett v. Korszniak, 934 F.3d 356, 359 (3d Cir. 2019).
discussed Cited as authority (rule) Muhammad v. Brown
M.D. Penn. · 2025 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate's ability to use it, Ross, 578 U.S. at 643-44 , when intimidation by means of “seriou: threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257, 266-67 (3d Cir. 2018), or when a prison has “rendered its administrative remedies unavailable...when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-up requests…
cited Cited as authority (rule) Sartoris v. Primecare Medical CEO and Staff
M.D. Penn. · 2024 · confidence medium
Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016): see also Shifflett v. Korszniak, 934 F.3d 356, 359 (3d Cir. 2019).
discussed Cited as authority (rule) Vela v. Christopher
M.D. Penn. · 2024 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
cited Cited as authority (rule) KENDRICK v. SHAW
W.D. Pa. · 2024 · confidence medium
Id. at 90 ; Spruill, 372 F.3d at 227-32 ; Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016).
discussed Cited as authority (rule) Stanton v. Paul
M.D. Penn. · 2024 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643-44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257, 266-67 (3d Cir. 2018), or when a prison has “rendered its administrative remedies unavailable… when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-up reques…
discussed Cited as authority (rule) Russell Showers v. Courtney Rodgers
3rd Cir. · 2024 · confidence medium
See Shifflett v. Korszniak, 934 F.3d 356, 365 (3d Cir. 2019) (explaining “that as soon as a prison fails to respond to a properly submitted grievance or appeal within the time limits prescribed by its own policies, it has made its administrative remedies unavailable and the prisoner has fully discharged the PLRA’s exhaustion requirement”); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (adding administrative remedies are unavailable even when the prisoner accepts a late prison response “in good faith and pursue[s] his claim through the remainder of a belated …
discussed Cited as authority (rule) HIMMELREICH v. THOMPSON (2×)
D.N.J. · 2024 · confidence medium
A “prison render[s] its administrative remedies unavailable” by failing to respond to the prisoner’s grievance under the prison’s own procedural rules.” Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016).
cited Cited as authority (rule) Sartoris v. Haidle
M.D. Penn. · 2024 · confidence medium
Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016); see also Shifflett v. Korszniak, 934 F.3d 356, 359 (3d Cir. 2019).
cited Cited as authority (rule) LAURIA v. C.O. LIEB
W.D. Pa. · 2024 · confidence medium
Id. at 90 ; Spruill v. Gillis, 372 F.3d 218, 227-32 (3d Cir. 2004); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016).
discussed Cited as authority (rule) Basemore v. Voorstad
M.D. Penn. · 2024 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257, 266-67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored [her] follow-u…
discussed Cited as authority (rule) Glass v. Briggs
M.D. Penn. · 2024 · confidence medium
See, e.g., Camp, 219 F.3d at 281 ; Shifflett v. Korszniak, 934 F.3d 356, 359 (3d Cir. 2019) (“a prisoner exhausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion”); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (holding that prison officials rendered plaintiff's administrative remedies unavailable when they failed to timely respond to his grievance and ignored his follow-up requests for a decision).
discussed Cited as authority (rule) Dewald v. French
M.D. Penn. · 2023 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
discussed Cited as authority (rule) Harrell v. Mayer
M.D. Penn. · 2023 · confidence medium
In Robinson v. Superintendent, 831 F.3d 148, 153-54 (3d Cir. 2016), the Third Circuit similarly held that the exhaustion requirement is satisfied where prison officials fail to timely respond to an inmate’s properly filed grievance.
discussed Cited as authority (rule) Brown v. Hicks
M.D. Penn. · 2023 · confidence medium
And because prison officials’ conduct rendered administrative remedies unavailable, Brown’s claim against defendant Hicks must be considered exhausted under the PLRA.70 69 See Doc. 37-6 at 5. 70 See 42 U.S.C. § 1997e(a); Ross, 578 U.S. at 639, 642 ; Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 155 (3d Cir. 2016); Small v. Camden County, 728 F.3d 265, 273-74 (3d Cir. 2013).
discussed Cited as authority (rule) Mitchell v. Silverio
M.D. Penn. · 2023 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
discussed Cited as authority (rule) Orange v. Keen
M.D. Penn. · 2023 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
cited Cited as authority (rule) Robert Swinton, Jr. v. United States
3rd Cir. · 2023 · confidence medium
Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153-54 (3d Cir. 2016).
discussed Cited as authority (rule) Nixon v. Nicholas
M.D. Penn. · 2023 · confidence medium
See, e.g., Camp, 219 F.3d at 281 ; Shiflett v. Korszniak, 934 F.3d 356, 359 (3d Cir. 2019) (“a prisoner exhausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion’); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (holding that prison officials rendered plaintiff's administrative remedies unavailable when they failed to timely respond to his grievance and ignored his follow-up requests for a decision).
discussed Cited as authority (rule) BROWN v. SAVADOGO (2×)
E.D. Pa. · 2023 · confidence medium
She draws on Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016), in which the Third Circuit held that a prison’s “failure to respond to [a] grievance—even after its own deadline had passed and multiple follow-up requests were made—rendered the prison’s administrative remedies ‘unavailable’ … under the PLRA.” But Robinson is not analogous to this case.
cited Cited as authority (rule) MURIENTE-VEGA v. PANCOAST
W.D. Pa. · 2023 · confidence medium
GIBSON UNITED STATES DISTRICT JUDGE Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016) (quoting Brown v. Croak, 312 F.3d 109, 113 (3d Cir. 2002)).
discussed Cited as authority (rule) DEFRANCO v. MILLER
W.D. Pa. · 2023 · confidence medium
Superintendent, 831 F.3d 148, 154 (3d Cir. 2016) (holding that administrative remedies were unavailable to a prisoner when the prison failed to timely respond to the prisoner’s grievance and then ignored his follow-up requests for a decision on his claim).
discussed Cited as authority (rule) Nixon v. Nicholas
M.D. Penn. · 2023 · confidence medium
See, e.g., Camp, 219 F.3d at 281 ; Shiflett v. Korszniak, 934 F.3d 356, 359 (3d Cir. 2019) (“a prisoner exhausts his administrative remedies as soon as the prison fails to respond to a properly submitted grievance in a timely fashion”); Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016) (holding that prison officials rendered plaintiff's administrative remedies unavailable when they failed to timely respond to his grievance and ignored his follow-up requests for a decision), The record simply does not support a finding that the administrative process was unavailable …
discussed Cited as authority (rule) Robinson v. Delbalso
M.D. Penn. · 2023 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257 , 266–67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-…
cited Cited as authority (rule) Shawn Walker v. George Little
3rd Cir. · 2023 · confidence medium
Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016).
discussed Cited as authority (rule) Mauder v. Creamer
M.D. Penn. · 2023 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257, 266-67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-up …
discussed Cited as authority (rule) Castro a/k/a Worthington v. United States of America
M.D. Penn. · 2023 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257, 266-67 (3d Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-up r…
discussed Cited as authority (rule) Thomas Moore v. Morirosa Lamas
3rd Cir. · 2023 · confidence medium
We review de novo the District Court’s determination that Moore failed to exhaust administrative remedies, Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016), and we accept its factual findings unless clearly erroneous, Small v. Camden Cty., 728 F.3d 265, 268 (3d Cir. 2013). 2 II.
discussed Cited as authority (rule) Thomas Moore v. Morirosa Lamas
3rd Cir. · 2023 · confidence medium
An administrative remedy is unavailable, and exhaustion not required, where 1) prison officials are “unable or consistently unwilling to provide any relief to aggrieved inmates,” 2) the administrative process is so opaque and confusing that “no ordinary prisoner can make sense of what it demands,” or 3) prison officials “thwart inmates from taking advantage of a grievance Superintendent Rockview SCI, 831 F.3d 148, 153 (3d Cir. 2016), and we accept its factual findings unless clearly erroneous, Small v. Camden Cty., 728 F.3d 265, 268 (3d Cir. 2013).
discussed Cited as authority (rule) Mohammad Saleem v. Brungart
3rd Cir. · 2022 · confidence medium
We review de novo the District Court’s determination that Saleem failed to exhaust administrative remedies.3 “In doing so, we accept the Court’s factual findings unless clearly erroneous.”4 We also review de novo the District Court’s grant of the motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).5 We “are required to accept as true all allegations in the complaint and all reasonable inferences that can be drawn from them after construing them in the light most favorable to the nonmovant.”6 3 Robinson v. Superintendent Rockview SCI, 831 …
discussed Cited as authority (rule) Rivera v. Finley
M.D. Penn. · 2022 · confidence medium
However, there are situations in which a grievance procedure may be rendered “unavailable” to an inmate, such as when a prison official thwarts an inmate’s ability to use it, Ross, 578 U.S. at 643–44, when intimidation by means of “serious threats of retaliation and bodily harm” prevent an inmate from filing, Rinaldi v. United States, 904 F.3d 257, 266-67 (3rd Cir. 2018), or when a prison has “rendered its administrative remedies unavailable . . . when it failed to timely (by its own procedural rules) respond to [an inmate’s] grievance and then repeatedly ignored his follow-up …
cited Cited as authority (rule) LIGHTY v. PHILADELPHIA DEPT PRISON
E.D. Pa. · 2022 · confidence medium
Robinson v. Superintendent Rockview SCI, 831 F.3d 148, 154 (3d Cir. 2016).
Retrieving the full opinion text from the archive…
Mark A. ROBINSON, Appellant
v.
SUPERINTENDENT ROCKVIEW SCI; Brian Thompson; Robert Marsh, Deputy Superintendent; Melinda Smith, CCPM; Jeffrey Rackovan, Superintendent Assistant; Lieutenant Fink; Lieutenant Sutton; Lieutenant Kensinger; Sergeant Hoover; Officer Liedhecker; Officer Nwanta; John Doe, Officer; Officer Hurley; Sergeant Bryant; Granlund, Unit Manager; Harpster, Unit Manager; Captain Eaton; Officer Taylor; Officer Angelo; Officer Fleck; William Williams, Chca; Doctor Gross; Burke, Doctor; Naphia, Doctor; Parson, Doctor; Pa Pengiero; Bianna, Nurse; Dorina Varner, Chief Hearing Examiner; The Central Office Inmate Disability Accommodation Committee; Other Individuals & Positions to Be Named at a Later Date as Identified; David Kuhn, Hearing Examiner SCI Rockview; Lieutenant Kerns; Officer Stal; Officer Hahn; Officer Porter
14-2994.
Court of Appeals for the Third Circuit.
Jul 27, 2016.
831 F.3d 148
John L. Jacobus (Argued), Linda C. Bailey, Timothy Work, Steptoe & Johnson, 1330 Connecticut Avenue, N.W., Washington, D.C. 20036, Attorneys for Appellant, Kathleen G. Kane, Howard G. Hopkirk (Argued), John G. Knorr, III, J. Bart De-Lone, Office of Attorney General of Pennsylvania, Strawberry Square, 14th Floor, Harrisburg, PA 17120, Attorneys for Ap-pellee
Jordan, Hardiman, Greenaway.
Cited by 118 opinions  |  Published
Pinpoint authority: bottom 37%

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Mark Robinson, an inmate in the custody of Pennsylvania’s Department of Corrections (DOC) at the State Correctional Institution at Rockview (SCI Rockview), appeals the District Court’s summary judgment in favor of Lieutenant Charles Fink on his excessive force claim. The District Court held that Robinson failed to exhaust administrative remedies prior to filing suit as required by the Prison Litigation Reform Act (PLRA). Because we agree with Robinson that his attempts to avail himself of SCI Rockview’s administrative processes and the prison’s noncompliance with its own deadline satisfied the PLRA, we will vacate and remand. [1]

[*150] I

On October 9, 2009, Lieutenant Fink escorted Robinson from the prison showers to his cell. Upon removing his handcuffs, Fink allegedly twisted Robinson’s left arm “real hard” and said, “since today is my last day, I wanted to leave you with a present.” App. 312. Robinson felt pain in his arm and shoulder and submitted a sick call request the next day. Robinson was prescribed medication but continued to experience pain in the months that followed.

At the time of Robinson’s injury, the DOC had two policies in place governing the reporting of abuse by inmates: the Inmate Abuse Allegation Monitoring Policy (Abuse Policy) and the Inmate Grievance System Policy (Grievance Policy). Under the Abuse Policy, an inmate could raise a dispute in one of three ways:

(1) “report it verbally or in writing to any staff member”
(2) “file a grievance in accordance with [the Grievance Policy]” or
(3) “report it in writing to the Department’s Office of Professional Responsibility (OPR).”

App. 391. In other words, Robinson could have brought his complaint to the attention of prison authorities either by reporting it to a staff member or the OPR (and remain under the strictures of the Abuse Policy), or by filing a grievance in accordance with the Grievance Policy. As we shall explain, Robinson pursued both administrative channels.

A

At the time Robinson filed his claims, the DOC’s Abuse Policy provided that once an inmate reported abuse, all subsequent procedures were to be conducted at the initiative of the prison administration. The Abuse Policy also stated that when a complaint of abuse is received, a prison staff member “shall complete” Form DC-121 (Report of Extraordinary Occurrence — Part 3, Employee Report of Incident). App. 394. That form then must be distributed to a supervisor and the facility’s Security Office. Once the form is received by the Security Office, the incident “shall be investigated and an investigative report shall be compiled” for submission to OPR. App. 395. OPR is tasked with reviewing the Security Office’s findings for integrity and thoroughness, and remanding the matter to the Facility Manager if further investigation is required. If the matter is remanded, the Facility Manager has 30 days to conduct a follow-up investigation, address OPR’s concerns, and resubmit the report. Once OPR accepts the matter, it has 30 working days to complete its own review and respond to the inmate in writing.

The record shows that Robinson filed two written reports to staff members detailing his excessive force claim against Fink in accordance with the Abuse Policy. On October 9, he submitted Form DC-135A (Inmate’s Request to Staff Member) in which he described the incident, indicated that his shoulder was injured, and asked the Unit Manager to investigate the matter. On October 10, he filed a Sick Call Request in which he again described the incident and requested medical attention. Other than confirming that Robinson received a medical assessment and medication, the record fails to show that anyone at SCI Rockview timely followed up on Robinson’s written reports or responded to either complaint of abuse.

B

The DOC’s Grievance Policy was more formal than its Abuse Policy and provided[*151] the following process. To initiate a claim, an inmate must file Form DC-804, Part 1 with the Facility Grievance Coordinator within 15 working days of an incident. The inmate must sign and date the form and include a short description of the incident and other basic information.

The Facility Grievance Coordinator “shall assign a tracking number” and, if the form is compliant, must “designate[ ] a staff member to serve as the Grievance Officer” for its resolution. App. 402-03. “When the Grievance Officer submits the grievance for formal resolution, he/she shall provide a written response to the inmate within 10 working days of receipt of the grievance.” App. 403 (emphasis removed). If the investigation requires more time, the Facility Manager may authorize a 10-day extension, in which case “the inmate shall be advised in writing.” App. 404.

If the grievance is denied, the inmate may appeal to the Facility Manager within 10 working days of the date he received his written response. The inmate cannot appeal prior to receiving a response, however. If the appeal is denied, the inmate may appeal a second time to the Secretary’s Office of Inmate Grievances and Appeals (SOIGA) within 15 working days. SOIGA must then respond with a final resolution.

The record shows that Robinson filed Form DC-804, Part 1 on October 21 (12 days after his alleged injury). Robinson described the incident, noted that he was injured by Fink, requested relief, and mentioned that he had submitted an earlier report pursuant to the Abuse Policy. He also signed and dated the form.

Facility Grievance Coordinator Jeffrey Rackovan received the form, signed it on October 27, assigned it Grievance Number 294032, and made two notations: “Capt. Eaton 11/3” and “Due 11/10.” App. 312. Consistent with the Grievance Policy, these notations indicate that Captain Lynne Eaton was to serve as Robinson’s Grievance Officer and that she had to respond by November 10.

November 10 came and went and Robinson received no response. After hearing nothing from Eaton during November or December, on January 8, 2010, Robinson submitted Form DC-135A to Rackovan, informing him that: he had not received a response; he knew it “was due November 10, 2009;” and he was “in need of a response for administrative exhaustion.” App. 98.

After 10 more days passed without word from the prison, Robinson submitted another DC-135A to Rackovan, stating that he took SCI Roekview’s failure to respond “as a sign that [the prison was] refusing to process” his grievance and that he would “proceed to the next level of appeal.” App. 88.

A week later, in a final attempt to spur a response from the prison, Robinson submitted another Form DC-135A — this time to Eaton. Therein Robinson referenced his grievances, noted that Eaton had missed the November 10 deadline, and stated “[i]f I do not receive a response to each Grievance or this request slip by you, by the date of February 1, 2010, I will consider that a denial of the two Grievances. And I shall proceed from there.” App. 86. Robinson received no response by February 1.

II

On February 5, 2010, Robinson filed a complaint in the United States District Court for the Middle District of Pennsylvania asserting several claims against approximately 30 prison officials, including his excessive force claim against Fink.

[*152] A

On March 17, 2010 — more than four months after Eaton’s November 10 deadline and roughly six weeks after Robinson filed suit — SCI Rockview responded to Robinson’s grievance against Fink. [2] In that response, Eaton denied Robinson’s claim, but her findings referenced a different incident from the arm-twisting episode of which he had complained. [3]

That same day, Robinson submitted another Form DC-135A, this time appealing Eaton’s denial to the Facility Manager. He noted that: her response was submitted “far beyond” her November 10 deadline; he was “never interviewed or examined” by Eaton during the course of her investigation; and “her response reference[d] a totally different matter,” indicating a lack of “due diligence.” App. 314. On March 24, Robinson’s appeal was denied by SCI Rockview’s Superintendent.

Robinson timely appealed to SOIGA. SOIGA remanded the matter and Racko-van provided a revised response. Rackovan again denied Robinson’s claim, however, citing Fink’s denial of the allegations and the fact that Robinson’s medical report indicated no visible injury and that pain medication was provided to him.

Robinson appealed again to SOIGA, which issued a Final Appeal Decision on July 26 upholding the denial of his grievance.

B

On January 16, 2014, the District Court adopted the Magistrate Judge’s Report and Recommendation dismissing almost all of Robinson’s claims. However, the Court overruled the Magistrate Judge’s dismissal of his excessive force claim against Fink, finding that “neither Defendants nor [the Magistrate Judge] addressed it.” App. 23. The Court remanded the matter for further consideration, asking the parties to brief the issue of “whether [Robinson] exhausted his administrative remedies” with regard to his claim against Fink. App. 24.

The Magistrate Judge issued a second Report and Recommendation on May 6, 2014. He concluded that Robinson had not exhausted his administrative remedies pri- or to filing suit with respect to his excessive force claim since “Robinson elected to bring [his suit] before receiving a final decision on his grievance.” App. 7. The Magistrate Judge reasoned:

Regarding Grievance No. 294032, Robin-, son received responses to this grievance, and was in the process of pursuing appeals of unfavorable rulings during and after the time he initiated this lawsuit. Although there may have been some delays at the institutional level in the processing of Robinson’s grievances, we do not find that the grievance process was essentially rendered unavailable to Robinson and, therefore, disagree with Robinson’s assertion that he should be excused from the PLRA’s exhaustion requirements with respect to his claims against Lieutenant Fink.

App. 20-21. The District Court adopted the Magistrate Judge’s second report and Robinson filed this timely appeal.

Ill

The District Court had jurisdiction under 28 U.S.C. §§ 1331 and 1343. We have[*153] jurisdiction under 28 U.S.C. § 1291. We review de novo the District Court’s determination that Robinson failed to exhaust administrative remedies. Mitchell v. Horn, 318 F.3d 523, 529 (3d Cir.2003). In doing so, we accept the Court’s factual findings unless clearly erroneous, Small v. Camden Cty., 728 F.3d 265, 268 (3d Cir.2013), and are mindful that failure to exhaust is an affirmative defense that Fink must plead and prove, Jones v. Bock, 549 U.S. 199, 212, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007).

IV

The question presented is whether the District Court erred in concluding that Robinson failed to exhaust his administrative remedies under the PLRA prior to filing suit. The answer to this question depends on whether SCI Rockview’s repeated failure to respond to Robinson’s grievance — even after its own deadline had passed and multiple follow-up requests were made — rendered the prison’s administrative remedies “unavailable” to Robinson under the PLRA.

The PLRA requires inmates to exhaust prison grievance procedures before suing in court. 42 U.S.C. § 1997e(a). “[T]o properly exhaust administrative remedies prisoners must ‘complete the administrative review process in accordance with the applicable procedural rules,’ rules that are defined not by the PLRA, but by the prison grievance process itself.” Jones, 549 U.S. at 218, 127 S.Ct. 910 (quoting Wood-ford v. Ngo, 548 U.S. 81, 88, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006)).

In Brown v. Croak, we noted that the PLRA requires exhaustion of “available” administrative remedies and defined such remedies as those that are “capable of use; at hand.” 312 F.3d 109, 113 (3d Cir.2002) (internal quotation marks omitted) (quoting Webster’s II, New Riverside University Dictionary 141 (1994 ed.)). Accordingly, we held that when prison officials “thwart[ ] [a prisoner’s] efforts to exhaust his administrative remedies,” they render them “unavailable.” Id. The Supreme Court recently confirmed our view. Ross v. Blake, — U.S. -, -, 136 S.Ct. 1850, 195 L.Ed.2d 117 (2016) (“[A]n inmate is required to exhaust those, but only those, grievance procedures that are ‘capable of use’ to obtain ‘some relief for the action complained of.’ ”) (quoting Booth v. Churner, 532 U.S. 731, 738, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001)).

In this case, the District Court adopted the Magistrate Judge’s conclusion that Robinson’s efforts to obtain remedies were not thwarted because “[he] received responses to [his] grievance, and was in the process of pursuing appeals of unfavorable rulings during and after the time he initiated [his] lawsuit.” App. 20. The Court also agreed that any “delays at the institutional level” were not substantial enough to render Robinson’s administrative remedies “unavailable.” Id.

Five of our sister courts have held that a prison’s failure to timely respond to an inmate’s properly filed grievance renders its remedies “unavailable” under the PLRA. See, e.g., Boyd v. Corr. Corp. of Am., 380 F.3d 989, 996 (6th Cir.2004) (“Following the lead of the [10th, 7th, 8th, and 5th] circuits ... we conclude that administrative remedies are exhausted when prison officials fail to timely respond to a properly filed grievance.”). For example, in Powe v. Ennis, the Fifth Circuit vacated the District Court’s dismissal of a prisoner’s claim based on failure to exhaust when the prison did not provide a timely response to his grievance. 177 F.3d 393 (5th Cir.1999) (per curiam). The Court succinctly held: “A prisoner’s administrative remedies are deemed exhausted when a valid grievance has been filed and the state’s time for responding thereto has expired.”[*154] Id. at 394. The same reasoning drove the result in Foulk v. Charrier, in which the Eighth Circuit held that an inmate was not required to file a grievance in order to exhaust administrative remedies when the prison failed to respond to an informal review request that was a prerequisite to his ability to file a grievance. 262 F.3d 687, 698 (8th Cir.2001).

Our most relevant opinion is in line with these precedents. In Small v. Camden County, an inmate submitted two grievances “in compliance with [the prison’s] procedures,” but “no decision” was rendered on either of them and prison rules required inmates to wait for a decision before filing an appeal. 728 F.3d at 273. We reasoned that “[b]ecause [the prison’s] procedures did not contemplate an appeal from a non-decision, when [the inmate] failed to receive even a response to the grievances ... much less a decision as to those grievances, the appeals process was unavailable to him.” Id.

Consistent with Small and the unanimous view of the Courts of Appeals that have spoken on the matter, we agree with Robinson that SCI Roekview rendered its administrative remedies unavailable to him when it failed to timely (by its own procedural rules) respond to his grievance and then repeatedly ignored his follow-up requests for a decision on his claim.

The record reveals that Robinson pursued his claim correctly at every step. He filed his claim under the Grievance Policy on the proper form; he included a brief, legible, and appropriate description of the incident; he signed and dated the form; and he submitted it to the proper prison staff member within 15 working days of his injury. Despite this, SCI Roekview failed to respond by its self-imposed deadline. Even worse, the prison refused to update Robinson on the status of his grievance after receiving three requests in January asking for a response and threatening suit as a last resort. As in Small, filing suit was Robinson’s only method to advance his claim since SCI Roekview prohibited inmates from filing appeals prior to receiving a decision. App. 404 (“The Initial Review decision from the Grievance Officer must be received by the inmate before any appeal to the Facility Manager cap be sought.”).

The District Court concluded that SCI Rockview’s March 17, 2010, response to Robinson — which was provided moré than four months late and six weeks after Robinson filed suit, and did not even address the correct inciden1&wkey;rendered the prison’s administrative remedies “available” to him under the PLRA. We disagree. Robinson’s decision to accept that response in good faith and pursue his claim through the remainder of a belated administrative process does not rectify the prison’s errors. Cf. Goebert v. Lee Cty., 510 F.3d 1312, 1323 (11th Cir.2007) (“If we allowed jails and prisons to play hide-and-seek with administrative remedies, they could keep all remedies under wraps until after a lawsuit is filed and then uncover them and proclaim that the remedies were available all along.”). [4]

[*155] Although SCI Rockview did not play hide-and-seek with its administrative processes, it did violate those processes by failing to respond to Robinson’s grievance until more than four months after its own deadline and then repeatedly ignoring his requests for a decision. “Operating at its best, which it admittedly sometimes does not, a prison administrative grievance procedure will afford an inmate with a sense of respect. If prison officials treat his claims with seriousness and care, they may well discover that he can be easily satisfied.” Nyhuis v. Reno, 204 F.3d 65, 76 (3d Cir.2000). But the converse is also true. If prisons ignore grievances or fail to fully investigate allegations of abuse, prisoners will feel disrespected and come to believe that internal grievance procedures are ineffective. If prisoners do not believe they will get a response from prison administration, they will be more likely either to bypass internal procedures entirely and file a complaint in federal court or use a federal lawsuit to prod prison officials into a response, thus taxing the judicial resources that Congress meant to conserve by passing the PLRA. Accordingly, we hope that the events that transpired in this case are not reflective of the way in which SCI Rockview responds to inmate grievances generally.

On these facts, we hold that SCI Rock-view rendered its administrative remedies “unavailable” to Robinson under the PLRA. Consequently, the District Court erred when it held that Robinson failed to exhaust his administrative remedies.

V

For the reasons stated, we will vacate the District Court’s summary judgment in favor of Fink on Robinson’s excessive force claim and remand for further proceedings consistent with this opinion.

1

. We thank John Jacobus, Linda Bailey, and Timothy Work of Steptoe & Johnson for their[*150] pro bono representation of Robinson in this appeal.

2

. In their briefing, counsel for Appellee does not provide any explanation or justification for the protracted delay in responding to Robinson's grievance and complaints of abuse.

3

. The response, discussed an incident in which Robinson "attempt[ed] to commit suicide” and was “removed from [his] cell” and “placed in the processing area ... to be assessed by medical.” App. 313. It concluded that "Lt. Fink denies using any excessive force and there is no evidence to indicate otherwise.” Id.

4

. It is worth noting that had Robinson missed his own procedural deadline — for example, by failing to file his grievance until 16 days after the alleged incident with Fink — he might have found himself barred from seeking a judicial remedy since it could be argued that he failed to exhaust the prison's administrative procedures. See Woodford v. Ngo, 548 U.S. 81, 90, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006) (“Proper exhaustion demands compliance with an agency’s deadlines and other critical procedural rules ...”). Therefore, it would have been risky for Robinson to ignore the prison's late-filed response and proceed solely in federal court. Rather than take that risk, he sensibly decided to pursue his grievance when SCI Roekview finally responded to it. We[*155] reject the prison's invitation to hold Robinson's diligence against him.