William Mercer v. United States

Summary

The Fifth Circuit dismissed William Mercer's pro se Bivens appeal as frivolous. Although the district court improperly dismissed the complaint sua sponte for failure to exhaust administrative remedies, dismissal was proper on the alternative ground that the claims were frivolous. The court also imposed the 28 U.S.C. § 1915(g) three-strikes bar and warned Mercer about further sanctions.

Holdings

1. The district court erred by sua sponte dismissing Mercer's claims for failure to exhaust administrative remedies absent a responsive pleading from the Government because failure to exhaust is an affirmative defense, not a pleading requirement.
2. The district court was authorized to dismiss the claims as frivolous without first requiring exhaustion of administrative remedies.
3. Mercer's retaliation claims were frivolous because he failed to allege a specific constitutional injury.
4. Mercer abandoned the claims concerning alleged mail and document tampering because he failed to address the district court's grounds for rejecting them on appeal.
5. Both the district court's dismissal of the complaint and the Fifth Circuit's dismissal of the appeal as frivolous counted as strikes under 28 U.S.C. § 1915(g), and Mercer was barred from proceeding in forma pauperis in future civil actions or appeals while incarcerated unless he was in imminent danger of serious physical injury.

Questions Presented

1. Whether the district court could sua sponte dismiss Mercer's complaint for failure to exhaust administrative remedies before the Government filed a responsive pleading.
2. Whether the complaint and appeal were frivolous and therefore subject to dismissal without requiring exhaustion.
3. Whether Mercer's retaliation claims were frivolous because he failed to allege a specific constitutional injury.
4. Whether the district court incorrectly treated the instant complaint as one of seven actions decided at the same time.
5. Whether dismissal of the complaint and appeal as frivolous triggered the three-strikes restriction under 28 U.S.C. § 1915(g).

Disposition

dismissed