Court Description: [Per Curiam - Before Loken, Erickson, and Stras, Circuit Judges] Civil case - Bivens. Plaintiff, who alleged the federal defendants were deliberately indifferent to injuries he suffered when he fell out of a wheelchair while in federal custody, failed to exhaust his administrative remedies, and the district court did not err in granting defendants summary judgment on the Bivens claims; plaintiff did not file his Federal Tort Claims Act claims within six months of the Bureau of Prison's denial of his claims, and they were time barred. [ February 11, 2022 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 21-3110 ___________________________ Jeffrey Charles Rodd lllllllllllllllllllllPlaintiff - Appellant v. K. Crandall, HS Asst.; Dr. Benjamin Rice; PA Ashley Peterson; C. Nickrenz; Captain J. Feda; United States of America lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: February 9, 2022 Filed: February 14, 2022 [Unpublished] ____________ Before LOKEN, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM. Former federal inmate Jeffrey Rodd brought this action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), and the Federal Torts Claims Act against prison staff, alleging that they were deliberately indifferent to injuries he suffered when he fell out of his wheelchair in November 2014. The district court1 granted summary judgment dismissing Rodd’s Bivens claims for failure to exhaust available administrative remedies, as he did not attempt to file formal grievances. See Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003). His alleged blindness did not excuse failure to exhaust because Bureau of Prisons regulations provide for assistance in obtaining administrative remedies, and Rodd did not allege that prison officials prevented him from seeking assistance. See 28 C.F.R. § 542.16(a). The court dismissed Rodd’s Federal Tort Claims Act claims because this action was not filed within six months after the Bureau of Prisons denied the claim, see 28 U.S.C. § 2401(b); and Rodd was not entitled to equitable tolling because he failed to establish that anything prevented him from timely filing suit, see Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005). After careful review of the record, we agree with the district court’s analysis. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Eric C. Tostrud, United States District Judge for the District of Minnesota. -2-
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