Johnpoll v. Thornburgh, 898 F.2d 849 (2d Cir. 1990). · Go Syfert
Johnpoll v. Thornburgh, 898 F.2d 849 (2d Cir. 1990). Cases Citing This Book View Copy Cite
56 citation events (27 in the last 25 years) across 18 distinct courts.
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At page 851 Exhaustion of administrative remedies for constitutional claims27 citing casesholding that, even if the BOP did compel participation in the IFRP, it would still not be unconstitutional because the program was not puni *1050 tive and was reasonably related to the legitimate governmental objective of rehabilitation3 citing courts put it this way · 23 listed here
  • Paul Driggers v. Maureen Cruz, 740 F.3d 333 (5th Cir. 2014).published 3 cites
    (finding that participation in the IFRP is “reasonably related to the 6 Case: 12-10775 Document: 00512501448 Page: 7 Date Filed: 01/15/2014 No. 12-10775 legitimate government objective of rehabilitation)
  • Brown v. Lirios, 391 F. App'x 539 (7th Cir. 2010).unpublished 2 cites
    And the IFRP, we have recognized, is a legitimate regulation that “has been uniformly upheld against constitutional at tack.” McGhee v. Clark, 166 F.3d 884, 886 (7th Cir.1999); accord United States v. Lemoine, 546 F.3d 1042, 1046 (9th Cir.…
  • United States v. Leon Love, Jr., 329 F. App'x 667 (7th Cir. 2009).unpublished
    See Lemoine, 546 F.3d at 1046 ; McGhee v. Clark, 166 F.3d 884, 887 (7th Cir.1999); Dorman v. Thornburgh, 955 F.2d 57, 58-59 (D.C.Cir.1992); Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.1990).
  • United States v. Lemoine, 546 F.3d 1042 (9th Cir. 2008).published
    (holding that, even if the BOP did compel participation in the IFRP, it would still not be unconstitutional because the program was not puni *1050 tive and was reasonably related to the legitimate governmental objective…)
  • United States v. Lemoine, No. 06-50663 (9th Cir. Oct. 8, 2008).published
    (holding that, even if the BOP did compel participation in the IFRP, it would still not be unconstitutional because the program was not punitive and was reasonably related to the legitimate governmental objec- tive of re…)
  • Davis v. Wiley, 260 F. App'x 66 (10th Cir. 2008).unpublished
    (holding that the BOP did not exceed its authority in establishing the IFRP and that the program does not violate due process)
  • Rodney H. Williams v. Bruce Pearson, 197 F. App'x 872 (11th Cir. 2006).unpublished
    Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.1990).
  • Durham v. Hood, 140 F. App'x 783 (10th Cir. 2005).unpublished
    See McGhee v. Clark, 166 F.3d 884, 886 (7th Cir.1999) (noting that the IFRP “has been uniformly upheld against constitutional attack”); Dorman v. Thornburgh, 955 F.2d 57, 58-59 (D.C.Cir.1992) (holding IFRP does not deprive inmates of const…
  • Bramson v. Winn, 136 F. App'x 380 (1st Cir. 2005).unpublished
    (noting that IFRP "serves valid penological interests and is fully consistent with the Bureau of Prisons' authorization ... to provide for rehabilitation and reformation)
  • Barrett N. Weinberger v. United States, 268 F.3d 346 (6th Cir. 2001).published 2 cites
    Cir. 1992); Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir. 1990); James v. Quinlan, 866 F.2d 627, 629 (3d Cir. 1989). 57 AVERN COHN, Senior District Judge, concurring. 58 I write separately to emphasize the practical implications if th…
Show 13 more citing cases
  • Manuel MONTANO-FIGUEROA, Petitioner-Appellant, v. Joseph H. CRABTREE, Warden, FCI, Sheridan, Respondent-Appellee, 162 F.3d 548 (9th Cir. 1998).published
    We note initially that the IFRP has been upheld generally, see United States v. Gomez, 24 F.3d 924, 927 (7th Cir.1994) (prison wages may be used to pay court-ordered fines); United States v. Williams, 996 F.2d 231, 234 (10th Cir.1993) (pri…
  • Mujahid v. Crabtree, 999 F. Supp. 1398 (D. Or. 1998).published
    Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.1990). 4 .
  • Able v. United States, 870 F. Supp. 468 (E.D.N.Y. 1994).published
    Because an administrative agency may not correct an Act of Congress, see Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.1990), plaintiffs could not successfully attack the underlying constitutionality of the Act and Regulations through…
  • Trinity Indus., Inc. v. Reich, 901 F. Supp. 282 (E.D. Ark. 1993).published
    Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.), cert. denied, 498 U.S. 819 , 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990).
  • Salter v. United States, 119 Fed. Cl. 359 (Fed. Cl. 2014).published
    See Def.’s Mot. at 10-11 (citing, inter alia, Matheny v. Morrison, 307 F.3d 709 , 712 (8th Cir.2002), Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.1990), and James v. Quinlan, 866 F.2d 627, 630 (3d Cir.1989)).
  • Kelley v. Fed. Bureau of Prisons, 835 F. Supp. 1316 (D. Kan. 1993).published
    (IFRP serves valid penological interests and is consistent with BOP’s authorization, under direction of Attorney General, to provide rehabilitation and reform)
  • United States v. Int'l Bhd. of Teamsters, 824 F. Supp. 410 (S.D.N.Y. 1993).published
    Even if Respondent succeeds on appeal, an award of back pay would redress any injury to Mr. DiGirlamo: “Irreparable injury is one that cannot be addressed through a monetary award. [Thus,] where money damages are adequate compensation [inj…
  • The Miss Am. Org. v. Mattel, Inc., 945 F.2d 536 (2d Cir. 1991).published 2 cites
    See Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.) (per curiam) ("economic loss does not in and of itself generally constitute 'irreparable injury' which might excuse requiring a plaintiff to exhaust administrative remedies and justif…
  • Juan Abel Gonzalez v. W.A. Perrill, Warden, 919 F.2d 1 (2d Cir. 1990).published
    See Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.), cert. denied, — U.S. -, 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990); J.G. v. Board of Educ., 830 F.2d 444 , 447 (2d Cir.1987).
  • Geiger v. Fed. Bureau of Prisons, 487 F. Supp. 2d 1155 (C.D. Cal. 2007).published
    The IFRP has been held to have been “properly enacted in accordance with the Administrative Procedures Act.” James v. Quinlan, 866 F.2d 627, 631 (3d Cir.), cert. denied, 493 U.S. 870 , 110 S.Ct. 197 , 107 L.Ed.2d 151 (1989), and “has been…
  • William Coffran v. Bd. Of Trs. Of The New York City Pension Fund, 46 F.3d 3 (2d Cir. 1995).published
    At the time the present action was commenced and adjudicated, the Board had not ruled on that recommendation. 3 Although "[e]xhaustion of administrative remedies is not required if adequate remedies are not reasonably available," J.G. v. B…
  • Coffran v. Bd. of Trs. of New York City Pension Fund, 46 F.3d 3 (2d Cir. 1994).published
    Although “[e]xhaustion of administrative remedies is not required if adequate remedies are not reasonably available,” J.G. v. Board of Education, 830 F.2d 444 , 447 (2d Cir.1987); see also Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.…
  • Bustillo v. Quinlan, 972 F.2d 1337 (9th Cir. 1992).unpublished
    See also Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Cir.) (federal prisoner need not exhaust administrative remedies if administrative procedures are not reasonably available), cert. denied, --- U.S. ----, 111 S.Ct. 63 , 112 L.Ed.2d 38…
At page 850 Exhausting administrative remedies for federal inmates12 citing casesThe Bureau of Prisons has established administrative remedy procedures by which a federal inmate may seek formal review of a complaint which relates to any aspect of his imprisonment. . . . A federal prisoner . . . is not generally exempt from exhausting federal administrative remedies.” (internal…3 citing courts put it this way
  • Caraballo v. Pliler, No. 7:21-cv-10476, 2023 WL 3467185 (S.D.N.Y. May 15, 2023).
    (The Bureau of Prisons has established administrative remedy procedures by which a federal inmate may seek formal review of a complaint which relates to any aspect of his imprisonment. A federal prisoner is not generall…)
  • Athanasios Theodoropoulos v. Immigr. & Naturalization Serv., 358 F.3d 162 (2d Cir. 2004).published
    Based in part on this factual error, Judge Schroeder recommended that the district court apply the “constitutional exception” to the rule requiring a habeas petitioner to exhaust his or her administra *167 tive remedies before seeking reli…
  • Anathanasios Theodoropoulos v. Immigr. & Naturalization Serv., 313 F.3d 732 (2d Cir. 2002).published 2 cites
    Based in part on this factual error, Judge Schroeder recommended that the district court apply the "constitutional exception" to the rule requiring exhaustion of administrative remedies before seeking relief in a federal district court, se…
  • Feaster v. United States Bureau of Prisons, 37 F. App'x 15 (2d Cir. 2002).unpublished
    (considering the Bureau of Prison’s administrative remedy program “available” for exhaustion purposes)
  • Phillips v. Booker, 76 F. Supp. 2d 1183 (D. Kan. 1999).published
    “serves a valid penological objective of rehabilitation by facilitating repayment of debts”
  • Cabreja-Rojas v. Reno, 999 F. Supp. 493 (S.D.N.Y. 1998).published
    Resp.Br. 15 (citing Johnpoll v. Thornburgh, 898 F.2d 849, 850-51 (2d Cir.1990)). 13 .
  • Bockover v. Perko, 28 Cal. App. 4th 479 (Cal. Ct. App. 1994).published
    (See Johnpoll v. Thornburgh (2d *492 Cir. 1990) 898 F.2d 849, 850-851, fn. 1 ; Baker v. Kaiser Aluminum and Chemical Corp. (N.D.Cal. 1984) 608 F.Supp. 1315, 1322, fn. 1 [exception “applies only to actions brought pursuant to 42 U.S.C. § 19…
  • Sammy Lee Terrell v. R.D. Brewer, Warden Jon Morales Christopher C. Phillips, 935 F.2d 1015 (9th Cir. 1991).published
    Johnpoll v. Thornburgh, 898 F.2d 849, 850 (2d Cir.) (per curiam), cert. denied, — U.S. -, 111 S.Ct. 63 , 112 L.Ed.2d 38 (1990); Greene v. Meese, 875 F.2d 639, 640-43 (7th Cir.1989); Lyons v. United States Marshals, 840 F.2d 202, 204 (3d Ci…
  • John Smith v. The United States Dep't of Just., No. 7:18-cv-03371, 2021 WL 2480412 (S.D.N.Y. June 17, 2021).
    (The Bureau of Prisons has established administrative remedy procedures by which a federal inmate may seek formal review of a complaint which relates to any aspect of his imprisonment. . . . A federal prisoner . . . is…)
  • Martin v. Mihalik, No. 7:19-cv-07979, 2021 WL 1738458 (S.D.N.Y. May 3, 2021).
    (The Bureau of Prisons has established administrative remedy procedures by which a federal inmate may seek formal review of a complaint which relates to any aspect of his imprisonment. . . . A federal prisoner . . . is…)
Show 2 more citing cases
  • United States v. Rumney, 86 F.3d 1147 (1st Cir. 1996).unpublished
    See Johnpoll v. Thornburgh, 898 F.2d 849, 850-51 (2d Cir.), cert. denied, 498 U.S. 819 (1990); see also 28 C.F.R. §§ 542.10 -.16, 541.19 (providing administrative remedy for complaints relating to any aspect of imprisonment). 2 To the exte…
  • Chaney v. Garrett, No. 2:24-cv-00175 (E.D. Ark. Jan. 8, 2025).
    Challenges to BOP programs, including the Inmate Financial Responsibility Program, “must be brought under § 2241 after all administrative remedies have been exhausted.” United States v. Diggs, 578 F.3d 318, 320 (5th Cir. 2009); see also Jo…
At page 852 Reviewing class certification under abuse of discretion10 citing cases“provided that the district court has applied the proper legal standards in deciding whether to certify a class, its decision may only be overturned if it constitutes an abuse of discretion.”2 citing courts quote it · 7 listed here
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Harvey JOHNPOLL
v.
Dick THORNBURGH, Attorney General of the United States
Nos. 567, 568, Dockets 88-2131, 88-3019.
Court of Appeals for the Second Circuit.
Mar 6, 1990.
Published opinion
898 F.2d 849
1990 WL 27292
Iain A.W. Nasatir, Kaye, Scholer, Fier-man, Hays & Handler, New York City, for appellant., William C. Pericak, Asst. U.S. Atty. (Frederick J. Scullin, Jr., U.S. Atty., N.D. N.Y., David R. Homer, Asst. U.S. Atty., Patricia H. Jordan, J.D., Paralegal Specialist, of counsel), for appellee.
Oakes, Pratt, Sand.
Cited by 59 opinions  |  Published
PER CURIAM:

Harvey Johnpoll appeals from an order dated January 30, 1988, of the United States District Court for the Northern District of New York, Thomas J. McAvoy, Judge, denying his petition for a show cause order seeking declaratory and preliminary injunctive relief, including a stay of collection procedures under the Inmate Responsibility Program (IFRP), 28 C.F.R. §§ 545.10-545.11 (1989), and denying his motion for class certification. We affirm.

The Bureau of Prisons has established administrative remedy procedures by which a federal inmate may seek formal review of a complaint which “relates to any aspect of his imprisonment.” See 28 C.F.R. § 542.10 (1989). These procedures are subject to strict time limits to prevent undue delay. See 28 C.F.R. §§ 542.13-542.15 (1989).

Johnpoll has not attempted to pursue administrative remedies, but contends that prison officials’ collection of civil judgments (such as rent owing to a landlord) under the IFRP does not “relate[] to any aspect of his imprisonment,” and thus that grievances relating to the program are not generally required by federal regulations to be submitted to administrative remedy procedures. We do not agree. Although the IFRP covers obligations beyond that owed as restitution for crimes, see 28 C.F.R. § 545.11, it serves a valid penological objective of rehabilitation by facilitating repayment of debts. See James v. Quinlan, 866 F.2d 627, 630 (3d Cir.), cert. denied, — U.S. -, 110 S.Ct. 197, 107 L.Ed.2d 151 (1989).

Johnpoll has not adequately alleged that preconceived biases of prison officials have rendered the administrative grievance process futile. The bare assertion in his complaint as to animosity by one case unit manager is not sufficient to show futility of the entire administrative process, especially since he has since been transferred to another institution.

Nor can we agree with Johnpoll’s blanket assertion that constitutional claims are exempt from the administrative exhaustion requirement. A federal prisoner alleging constitutional claims as a basis for injunctive relief is not generally exempt from exhausting federal administrative remedies. See Lyons v. U.S. Marshals, 840 F.2d 202, 204 (3d Cir.1988); Miller v. Stanmore, 636 F.2d 986, 991 n. 5 (5th Cir. Unit A Feb. 1981); Simmat v. Smith, 602 F.Supp. 18, 20 (S.D.N.Y.1984), aff'd, 779 F.2d 38 (2d Cir.1985).[1] This is not to say,[*851] however, that a federal prisoner must exhaust administrative remedies if administrative procedures are either not reasonably available or otherwise inadequate. See J. G. v. Board of Educ., 830 F.2d 444, 447 (2d Cir.1987). Because administrative remedies are available to Johnpoll, his constitutional claims are not exempt from administrative exhaustion requirements, except to the extent that the administrative procedures are incompetent to provide redress, for example, to redress a challenge to the constitutional validity of a statute or regulation. See Finnerty v. Cowen, 508 F.2d 979, 981-83 (2d Cir.1974) (no exhaustion required where plaintiff challenges constitutionality of administrative process used by agency).

Johnpoll’s first constitutional claim, based on alleged coercive tactics used to collect fines, challenges the practice of prison officials rather than the policy under which they are acting, and is therefore redressable by prison officials. The constitutional exception to the exhaustion requirement does not permit a federal inmate to bypass administrative procedures for any alleged unfair practice of prison officials simply by converting his claim into a due process cause of action. Moreover, economic loss does not in and of itself generally constitute “irreparable injury” which might excuse requiring a plaintiff to exhaust administrative remedies and justify preliminary injunctive relief. See Randolph-Sheppard Vendors of America v. Weinberger, 795 F.2d 90, 108-09 (D.C.Cir.1986).

Johnpoll’s next two constitutional challenges, on the other hand, attack the constitutionality of the IFRP itself. Administrative authorities are not competent to address such claims, and no useful function would be served by administrative factfind-ing. Nevertheless, as discussed below, the likelihood of success on the merits of these claims is so slight as to make denial of preliminary injunctive relief appropriate.

Johnpoll’s constitutional challenge to the authority of the Bureau of Prisons to collect moneys owing for civil judgments must fail, because the IFRP program serves valid penological interests and is fully consistent with the Bureau of Prisons’ authorization, under the direction of the Attorney General, to provide for rehabilitation and reformation. See Prows v. United States Dep’t of Justice, 704 F.Supp. 272, 274-75 (D.D.C.1988). The Bureau of Prisons’ collection of fines is not inconsistent with or preempted by the Attorney General’s delegation to assistant attorneys general and United States attorneys of responsibility for collection of judgments and fines, see 28 C.F.R. § 0.171 (1989), because there is no reason to presume that this delegated power is exclusive. Therefore, the Bureau of Prisons has not exceeded its statutory authority, nor departed from its own regulations, by administering a program to collect court-ordered civil judgments or fines.

The third constitutional challenge is that not permitting Johnpoll to opt out of the IFRP is punitive in nature and therefore violates due process. Even though IFRP regulations may allow prison officials to require that all inmates with debts participate in the program, see 28 C.F.R. § 545.11, Johnpoll’s compelled participation is not punitive because, as noted above, it was “reasonably related to a legitimate governmental objective” of rehabilitation. See Bell v. Wolfish, 441 U.S. 520, 539, 99 S.Ct. 1861, 1874, 60 L.Ed.2d 447 (1979).[2]

Given the dim likelihood of success and the availability of administrative remedy procedures, we see no reason why the dis[*852]trict court should have to hold an evidentia-ry hearing on Johnpoll’s petition for an order to show cause.

Provided that the district court has applied the proper legal standards in deciding whether to certify a class, its decision may only be overturned if it constitutes an abuse of discretion. See Adamson v. Bowen, 855 F.2d 668, 675 (10th Cir.1988). The district court did not abuse its discretion in finding that Johnpoll did not define the class he seeks to represent with sufficient particularity and that he did not demonstrate his ability to represent adequately the interests of the putative class. We suppose it well within the district court’s discretion to consider a later class certification motion that defines the class with more particularity and demonstrates that Johnpoll, now represented by counsel, might adequately represent the class.

The judgment of the district court is affirmed.

1

Although a state prisoner alleging claims under 42 U.S.C. § 1983 (1982) need not exhaust state administrative remedies, see Patsy v. Board of Regents, 457 U.S. 496, 102 S.Ct. 2557, 73[*851] L.Ed.2d 172 (1982), we feel Patsy's exemption for section 1983 claims is not applicable here, because it depends in large part on the particular legislative history of section 1983, especially congressional mistrust of factfinding procedures of state institutions. See id. at 502-07, 102 S.Ct. at 2560-63.

2

Johnpoll now asserts he was not even enlisted in the IFRP program. If this is so, it has two implications. First, it strengthens his claim to deprivation of due process by prison officials’ attempt to collect fines with no apparent basis, but prison administrative procedures are competent to redress such a claim. Second, it means that Johnpoll has not been injured by administration of the IFRP; therefore, his second and third constitutional claims fail for lack of standing.