Abuse of Discretion – Motion for Summary Judgment on Exhaustion

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7^th Circuit Court of Appeals

Case Name: Carlos Bowman v. Jeffrey Korte, et al.,

Case No.: 18-2371

Officials: EASTERBROOK, RIPPLE, and SCUDDER, Circuit Judges.

Focus: Abuse of Discretion – Motion for Summary Judgment on Exhaustion

The Federal Reporter is replete with examples of prisoners losing cases because they missed litigation deadlines and courts extended little forgiveness. Much less common are cases where correctional officers experience the same outcome. But fairness is a two-way street. Carlos Bowman is a prisoner who had sued for alleged abuse in the Western Illinois Correctional Center, and as trial was fast approaching, he saw the defendant correctional officers file a surprising motion—one alleging that his case, which had been pending for nearly three years, should be dismissed on summary judgment for his failure to exhaust administrative remedies. The motion surprised Bowman not only because the defendants had already filed a prior summary judgment motion, which the district court denied, but also because the request to file a second motion came nearly two years after the deadline the district court had set for any motion based on a failure to exhaust administrative remedies.

The defendants offered no reason for the late second motion—indeed, they said it was late “for unknown reasons”—but the district court allowed it anyway, without making the finding required by Federal Rule of Civil Procedure 6(b)(1)(B) that “excusable neglect” permitted an extension of the original deadline. We reverse, as nothing in the record supported the district court’s allowing the second summary judgment motion. We conclude that the district court abused its discretion in granting the defendants leave to file a belated second motion for summary judgment on exhaustion. We VACATE the district court’s judgment and REMAND the matter for trial where Bowman may reassert his motion for the recruitment of counsel. Circuit Rule 36 shall apply on remand.

Reversed. Vacated and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.