Darwin Ramirez v. Warden

Citation: Not availableDocket: 15-3298

Court: Court of Appeals for the Seventh Circuit; October 9, 2018; Federal Appellate Court

Original Court Document: View Document

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In the case of Darwin Ramirez v. Richard Young, the Seventh Circuit Court addressed the issue of whether administrative remedies were available to Ramirez, a Spanish-speaking prisoner, under the Prison Litigation Reform Act (PLRA). The court found that prison officials had described the grievance process in a language Ramirez could not understand, which rendered those remedies unavailable to him. The district court had dismissed Ramirez’s federal suit for failing to exhaust administrative remedies, but the appellate court reversed this decision and remanded for further proceedings.

Ramirez had not utilized the available grievance procedures in a timely manner, prompting the defendants to seek summary judgment based on his failure to exhaust. In response, Ramirez contended that the grievance process was effectively unavailable to him, referencing the precedent set in Ross v. Blake. During an evidentiary hearing, the district court identified specific circumstances under which remedies could be considered unavailable: failure to respond to grievances, affirmative misconduct preventing exhaustion, or impossibility of compliance. The court concluded that none of these circumstances applied to Ramirez and dismissed his complaint without prejudice.

However, since Ramirez was no longer in custody, he could not rectify the exhaustion issue, making the dismissal effectively a final order. The appellate court noted that it would review the factual findings for clear error and legal conclusions de novo, placing the burden of proof for the affirmative defense of failure to exhaust on the defendants. The court emphasized that the remaining factual disputes should be viewed in Ramirez’s favor. It was established that Ramirez had been placed in protective custody after an attack while in Cook County jail and later transferred to Western Illinois. During a new-prisoners orientation conducted solely in English, Ramirez could not understand the process, despite a fellow prisoner attempting to translate, only to be ordered to stop by an administrator.

Ramirez was not informed about the grievance process at Western Illinois prior to being silenced, despite the prison maintaining a cumulative counseling summary documenting his interactions with staff. An entry from his orientation indicated he had "poor English skills" and that he received an orientation manual, which Ramirez claims was in English, although he was supposed to receive a Spanish-language version. The district court did not resolve this dispute during the Pavey hearing, so Ramirez's account is accepted for the purposes of the case. Western Illinois failed to produce a pre-2011 Spanish-language manual, supporting Ramirez's assertion.

After orientation, Ramirez signed a form confirming receipt of the manual, which was in English. Although the prison claimed to refer non-English speakers to Spanish-speaking staff for orientation, Ramirez contends that his situation was not handled in this manner. His only interaction with Julia Vincent, the facility’s sole Spanish-speaking employee, occurred the day after orientation and did not include an explanation of the grievance process. Evidence suggests prison staff were aware of his language barrier, as Vincent translated for him during medical visits, and he requested a translator for mental health meetings. 

Ramirez's inability to communicate a threat from his cellmate due to the language barrier led to his placement in segregation after he refused to return to his cell. During the disciplinary hearing, he explained his fear to Vincent, but she did not inquire about his failure to file a grievance or inform him about the grievance system. Although he learned some operational procedures through fellow inmates, he was unaware of the grievance process or how to file complaints against staff until summer 2013, months before filing his federal complaint, when his cellmate suggested he file a grievance. Despite claims that Spanish-language grievance forms were available, Ramirez and others dispute this, and he was never informed in Spanish about the grievance process.

Ramirez demonstrated confusion regarding the grievance process, prompting his cellmate to explain how it works. Subsequently, Ramirez filed multiple grievances with assistance, though it's unclear if these pertain to his federal complaint. Under the Prison Litigation Reform Act (PLRA), administrative remedies must be 'capable of use' to gain relief for grievances. Two principles determine the availability of these remedies: first, prisoners must be informed of their existence, as they cannot be expected to intuitively know about grievance procedures. Second, any remedial processes must be communicated in a manner understandable to the prisoner. The court emphasizes that evidence must show procedures were explained in clear terms. Individual capabilities must be considered, as highlighted in a case excusing a failure to exhaust where the prisoner had mental health issues.

Western Illinois purportedly informed Ramirez of its grievance process through orientation and a manual, both provided in English. However, officials were aware of his limited English proficiency, which hindered his understanding. This was documented in his counseling summary, and at orientation, a translator for Ramirez was silenced. Additionally, Ramirez consistently requested a translator during medical visits. No efforts were made to address the communication barrier regarding the grievance process, despite the clear need for accommodation. At minimum, prison officials should have ensured that Ramirez understood the available procedures after his ignorance became apparent during a 2011 disciplinary hearing.

The defendants did not assert that they could exclusively provide information in English, despite its predominance in the U.S. However, they are reminded that in critical situations—such as criminal proceedings or those involving significant rights—linguistic differences cannot be overlooked. Citing a precedent, the court noted that due process is violated if a defendant in a criminal case cannot comprehend the proceedings due to language barriers, including when translations are inadequate or explanations are insufficient.

A criminal defendant's due process rights are compromised when language barriers prevent understanding of legal proceedings, as established in various cases and supported by 28 U.S.C. § 1827. This right extends beyond criminal cases to other legal contexts, including immigration and administrative proceedings. Courts have ruled that interpreters are necessary to uphold due process in situations where significant rights are at stake, such as unemployment benefit hearings and liquor license revocations. The essence of due process requires that individuals facing serious consequences receive proper notice and an opportunity to defend themselves, which is ineffective if communicated in an incomprehensible language.

The Second Circuit distinguishes between proceedings seeking benefits and those imposing deprivations, affirming that defendants and individuals at risk of persecution have a constitutional right to interpreter services. In the context of prison disciplinary proceedings, as noted in the case of Ramirez, complaints about medical neglect and safety risks fall on the deprivation side of this distinction. While prisons are not mandated to have grievance procedures, most do, and prisoners are expected to follow these processes. Federal law requires that state prisoners exhaust administrative remedies before filing civil rights claims, as reiterated in several Supreme Court decisions. Filing a defective grievance does not satisfy this exhaustion requirement. Access to grievance procedures is critical for prisoners to seek redress for constitutional violations, and they are entitled to due process in these proceedings, although the level of process provided is shaped by the prison environment.

In Wolff v. McDonnell, the Supreme Court has recognized that prisoners are entitled to basic notice of charges and an opportunity to be heard, which can be delivered orally or in writing. However, if the notice is in a language the prisoner does not understand, it fails to fulfill its purpose. Ramirez, who did not speak English, was not informed about the grievance process due to the prison's failure to provide adequate communication, despite officials being aware of his language barrier. A Spanish-speaking employee did not inform him about the grievance procedure, and the prison obstructed efforts for another inmate to translate the orientation materials.

The defendants' argument that Ramirez should have sought information about the grievance process is flawed, as there was no indication prompting him to do so. The PLRA mandates that prisons must actively inform inmates about how to file grievances, rather than leaving them in ignorance. The court found that Ramirez's prior experience in a different facility did not equate to knowledge of the grievance process at Western Illinois, as he did not receive similar guidance from the staff there.

The ruling aligns with the Supreme Court's examples of when a grievance process may be deemed unavailable, including situations where prison officials are unresponsive, the process is too opaque, or officials hinder access to it. The court clarified that it was not exempting prisoners from exhausting remedies due to ignorance, but emphasized that the prison failed to take reasonable steps to inform Ramirez about available procedures. Thus, Ramirez's assumption that he could obtain dental treatment did not imply he should have known about the grievance process.

A prisoner may understand that medical care is available without realizing that the institution welcomes complaints about conditions. Running a medical clinic differs from managing a grievance procedure, and administrative remedies may only apply to specific issues. Prisons are not forced to maintain numerous translators or accept liability in all litigation; for instance, Western Illinois had a Spanish speaker on staff and acknowledged a prisoner’s limited English proficiency. If another inmate spoke a less common language, the prison would face a choice between using translation resources or leaving the inmate uninformed about the grievance process, potentially sacrificing an exhaustion defense in litigation. 

Defendants argue that even if Ramirez initially lacked access to the grievance process, he could have utilized it once informed in summer 2013, suggesting he could have exhausted remedies before filing his October 2013 suit. Prisons often require timely grievance submissions, with Ramirez needing to file within 60 days of the incidents. It is disputed when the alleged wrongs began, but a grievance filed in 2013 would likely be untimely. The district court ruled that Ramirez could have exhausted remedies by filing a grievance based on the ongoing nature of his claims. 

Although prisoners do not need to file multiple grievances for continuous issues, many mistakenly claim ongoing problems arise from discrete acts. Defendants suggest that Illinois regulations allow consideration of late grievances for good cause, but they failed to raise this argument in the district court. Additionally, even if they had, it lacks merit because prison officials cannot negate a prisoner’s suit by obscuring existing remedies and later claiming they would consider an untimely grievance. Accepting that Ramirez needed to initiate the grievance process within 60 days of the alleged unconstitutional conduct, remedies were unavailable to him at that time, thus he did not need to meet the PLRA’s exhaustion requirement.

Defendant Cynthia Lynch seeks dismissal from the case, arguing that a hypothetical grievance against her related to her failure to use a translator does not pertain to Ramirez's federal claims. She contends that the availability of remedies to Ramirez is irrelevant. However, the court clarifies that the nature of a hypothetical grievance does not affect the availability of the grievance process itself. If the process is unavailable, the Prison Litigation Reform Act (PLRA) exhaustion requirement is lifted, allowing immediate access to federal court. The court found that Ramirez was never adequately informed about the grievance process, rendering it unavailable to him. Consequently, the district court's dismissal is reversed, and the case is remanded for further proceedings.