Mack v. San Mateo County

Background

Major Mack, an inmate at Maguire Correctional Facility, filed a complaint under 42 U.S.C. § 1983, a federal law that allows certain civil-rights claims against state or local officials. He represented himself and asked to proceed without paying the filing fee.

The court reviewed the complaint and determined that Mack had not exhausted California’s prison administrative process. The Prison Litigation Reform Act requires a prisoner to complete available administrative remedies before bringing a federal lawsuit about prison conditions. The opinion states that San Mateo County has grievance procedures for inmates at Maguire Correctional Facility.

Mack’s Position

Mack conceded that he had not exhausted his administrative remedies. He stated that “irreparable harm and danger” was the reason he had not done so. The court rejected that as a basis for creating an exception, explaining that exhaustion is mandatory and that courts may not create their own special-circumstances exceptions. The court also stated that safety concerns may be addressed more quickly through an administrative appeal to prison officials.

Court’s Action

The court explained that when a prisoner has not exhausted administrative remedies, the proper remedy is dismissal of the claim without prejudice. However, this order did not itself dismiss the case. Instead, the court gave Mack one final opportunity, within 28 days, to show cause—meaning explain why the case should not be dismissed—and to provide proof that extraordinary circumstances prevented him from complying with the exhaustion requirement.

The court stated that failure to respond would result in dismissal without prejudice. It also stated that Mack’s request to proceed without paying the filing fee would be granted in a separate written order. Judge Yvonne Rogers signed the order on April 25, 2022.