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Derrick R. Parkhurst, Donald Gee and Patrick John McAtee v. Judith Uphoff, in Her Official Capacity as Director of State Penitentiary Wyoming Department of Corrections Duane Shillinger, in His Official Capacity as Warden of State Penitentiary Wyoming Department of Corrections Ronald G. Ruettgers, in His Official Capacity as Maximum Security Unit Manager, State Penitentiary Wyoming Department of Corrections Captain Stan James, in His Official Capacity as Security Manager, State Penitentiary Wyoming Department of Corrections Dawna Erickson, in Her Official Capacity as Education Department Director, State Penitentiary Wyoming Department of Corrections Candace Hawk, in Her Official Capacity as Education Department Employee, State Penitentiary Wyoming Department of Corrections Jerry Steele, in His Official Capacity as Medium Security Unit Manager, State Penitentiary Wyoming Department of Corrections Bill Hettgar, in His Official Capacity as Minimum Security Unit Manager, State Penitentiary Wyoming Department of Co

Citations: 108 F.3d 1388; 1997 WL 139766; 1997 U.S. App. LEXIS 9758Docket: 95-8003

Court: Court of Appeals for the Tenth Circuit; March 26, 1997; Federal Appellate Court

Narrative Opinion Summary

In this case, prisoners brought claims under 42 U.S.C. § 1983, asserting inadequate access to courts due to insufficient law library resources and lack of trained legal assistance. The district court dismissed their suit with prejudice, citing a failure to exhaust administrative remedies in good faith as required under 42 U.S.C. § 1997e. Plaintiffs argued against the necessity of a good faith effort, but the appellate court found the plaintiffs lacked standing for their access-to-court claims, as they did not demonstrate actual injury from the alleged resource inadequacies. Citing Lewis v. Casey, the court emphasized the requirement for showing that any denial or delay in access prejudiced the prisoner in pursuing litigation. Consequently, the appellate court affirmed the dismissal but reversed the dismissal with prejudice to without prejudice, due to lack of standing, and remanded the case with instructions for a dismissal without prejudice. The motion to strike the appendix was denied as moot, and the order is not binding precedent except under specific legal doctrines.

Legal Issues Addressed

Dismissal Without Prejudice Due to Lack of Standing

Application: The court reversed the dismissal with prejudice to without prejudice, as the dismissal was based on lack of standing rather than failure to exhaust remedies.

Reasoning: Consequently, the plaintiffs lack standing for an access-to-court claim, leading to the proper dismissal of their complaint. The dismissal is based on lack of standing rather than failure to exhaust remedies, and therefore, it should be without prejudice.

Exhaustion of Administrative Remedies under 42 U.S.C. § 1997e

Application: The court required prisoners to make a 'good faith' effort to resolve grievances as part of the exhaustion requirement under 42 U.S.C. § 1997e.

Reasoning: The district court determined that this exhaustion includes a requirement for prisoners to make a 'good faith' effort to resolve grievances, a conclusion based on the statute's intent to reduce litigation and improve prisoner-official relations.

Standing for Access-to-Court Claims

Application: The appellate court found that the plaintiffs lacked standing for their access-to-court claims since they failed to demonstrate actual injury resulting from alleged inadequacies in legal resources.

Reasoning: Referencing the Supreme Court case Lewis v. Casey, the court emphasized that a prisoner must demonstrate actual injury resulting from the alleged inadequacies in legal resources, rather than merely asserting that the resources were inadequate in a general sense.