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& (new trial for the plaintiff)CivilCourt of AppealsAppeal
Edwards v. Brown
- Court
- Court of Appeals for the Ninth Circuit
- Decided
- Sep 28, 2026
- Docket
- 25-6849
- Judges
- Not listed
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
District court: Edwards's claims as time barred.
This decision ¡ Appeal
& (new trial for the plaintiff)
TL;DR
- 1A prisoner claimed his rights were violated when he was denied a decontamination shower after pepper spray exposure.
- 2The court ruled that Oregon tolling laws paused the statute of limitations while he completed the .
- 3This decision allows inmates time to pursue administrative remedies without losing their right to sue.
Key issues
- 1
Did Oregon tolling laws apply to pause the statute of limitations?
Holding ¡ Yes, Oregon laws paused the clock during the , making the lawsuit timely.
Why it matters
This ruling affects prisoners in Oregon by clarifying how tolling laws interact with the .
If you were the judge?
Did this prisoner's lawsuit beat the clock?
- 1A prisoner says corrections officers denied him a shower after he was exposed to pepper spray.
- 2He filed a lawsuit but faced a deadline issue because of Oregon's two-year limit.
- 3The question is whether time waiting on prison grievances should pause that countdown.
Did time on prison grievances pause the lawsuit deadline?
Be the first jurorParties
Appellant
Edwards
Appellee
Brown
Roles are inferred from the case caption.
Opinion of the court
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DEYMON EDWARDS, No. 25-6849
D.C. No.
Plaintiff - Appellant,
6:25-cv-00075-
MTK
v.
OPINION
S. BROWN, Lt.; C. BORDEN,
Captain; JOHN DOE, Sgt.; DOES,
Correctional Officers,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Oregon
Mustafa T. Kasubhai, District Judge, Presiding
Argued and Submitted July 9, 2026
San Francisco, California
Filed September 28, 2026
Before: Richard A. Paez, Richard C. Tallman, and Mark J.
Bennett, Circuit Judges.
Opinion by Judge Bennett
2 EDWARDS V. BROWN
SUMMARY *
Prisoner Civil Rights / Statute of Limitations
The panel reversed the district courtâs dismissal of
Oregon state prisoner Deymon Edwardsâs 42 U.S.C. § 1983
claims as time barred, and remanded for further
proceedings.
On January 10, 2025, Edwards filed suit under § 1983
against correctional officers he alleged were responsible for
denial of a decontamination shower after Edwardsâs skin and
lungs were exposed to pepper spray. The district court found
that Edwardsâs claims accrued on October 1, 2022, when
Edwards was exposed to the pepper spray. The district court
concluded that Edwards filed his complaint beyond
Oregonâs two-year statute of limitations, and dismissed
Edwardsâs claims as time barred.
Addressing a threshold issue, the panel held that that
principles of waiver, party presentation, and comity did not
prevent the court from determining the application of
Oregon tolling law to this case.
Edwards argued that an Oregon statute, Oregon Revised
Statutes § 12.210, tolls the statute of limitations from the
date an inmateâs cause of action accrues until the time he
exhausts his administrative remedies. The panel agreed with
Edwards that Oregon tolling rules afford him relief. Oregon
Revised Statutes § 12.210 authorizes tolling the statute of
limitations when another statute prevents a plaintiff from
*
This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
EDWARDS V. BROWN 3
filing suit. Because Edwards is incarcerated, a federal
statute, 42 U.S.C. § 1997e(a), prohibited him from
commencing this federal lawsuit until he had exhausted
available administrative remedies. Taking these two statutes
together, the panel held that the time an inmate spends
completing the prison grievance process does not, under
Oregon law, count toward the statute of limitations on a
federal § 1983 claim. And the panel construed the Oregon
tolling statute to begin the tolling period no later than when
an inmate initiates the grievance process. Applying this
statute, the panel concluded that Edwards timely filed his
complaint within the applicable statute of limitations. For
purposes of this appeal, Edwards presented his first
grievance to the Oregon State Penitentiary on October 3,
2022. Tolling thus began under § 12.210 no later than
October 3, 2022. The tolling period continued until January
13, 2023, when Edwards finished properly exhausting his
administrative remedies. Accordingly, with tolling,
Edwards timely filed his complaint on January 10, 2025,
under the applicable statute of limitations.
COUNSEL
Warrington E. Sebree (argued) and Devi M. Rao, Roderick
& Solange MacArthur Justice Center, Washington, D.C., for
Plaintiff-Appellant.
Kirsten M. Naito (argued), Assistant Attorney General; Paul
L. Smith, Solicitor General; Dan Rayfield, Oregon Attorney
General; Office of the Oregon Attorney General, Salem,
Oregon; for Defendants-Appellees.
4 EDWARDS V. BROWN
OPINION
BENNETT, Circuit Judge:
Deymon Edwards appeals the dismissal of his 42 U.S.C.
§ 1983 claims as time barred. In § 1983 actions, we apply
the state statute of limitations for personal injury claims in
the relevant jurisdiction, and we also borrow state tolling
rules. An Oregon tolling statute, Oregon Revised Statutes
§ 12.210, authorizes tolling the statute of limitations when
another statute prevents a plaintiff from filing suit. Because
Edwards is incarcerated, a federal statute, 42 U.S.C.
§ 1997e(a), prohibited him from commencing this federal
lawsuit until he had exhausted available administrative
remedies.
Taking these two statutes together, the time an inmate
spends completing the prison grievance process does not,
under Oregon law, count toward the statute of limitations on
a federal § 1983 claim. And we construe the Oregon tolling
statute to begin the tolling period no later than when an
inmate initiates the grievance process. Applying this statute,
we conclude that Edwards timely filed his complaint within
the applicable statute of limitations. Thus, we reverse and
remand for further proceedings consistent with this opinion.
I
A
Deymon Edwards is incarcerated at Oregon State
Penitentiary. On October 1, 2022, correctional officers
responded to an altercation in the cell next to his and
deployed pepper spray. Because the cells are open air,
Edwardsâs skin and lungs were exposed to the spray.
Edwards asked the correctional officers for a
EDWARDS V. BROWN 5
decontamination shower, but they denied his request for
about two days.
On October 3, 2022, Edwards signed and dated a prison
grievance form. He alleged that correctional officers
responded to a fight and deployed pepper spray âright next
to [his] cell,â exposing Edwards to the chemical. He
explained that he âwas sprayed[] a good amount . . . on [his]
face, arms, neck, and clothes; as well as [his] blankets,
pillows, sheets, etc.â Edwards described the âpainâ and
âburningâ he experienced in his âface, lungs, eyes, arms, and
neck,â as well as âretching and coughing when [he] tried to
breath[e].â He âpleaded with the [correctional officers] to
allow [him] to decontaminate,â but they did not permit him
to shower.
The grievance office stamped Edwardsâs grievance as
âreceivedâ on October 11, 2022, and âdeniedâ it that same
day. An accompanying letter explained that his grievance
did not comply with the Department of Corrections (âDOCâ)
rules because Edwardsâs ânarrative d[id] not indicate [he]
received direct exposure to [oleoresin capsicum] chemical
agents,â and â[n]on-direct exposure does not require [that] a
shower or clean clothing be provided.â
Edwards responded by filling out a second grievance
form on October 13, 2022. He alleged that the correctional
officers âdeployed [pepper spray] . . . in a wide arc going
back and forth, and at one point some of the spray projected
directly into [his] face, eyes, arms, neck, and clothes.â
Edwards again explained that â[t]he pain started . . . burning
[his] face, lungs, eyes, arms, and neck.â And he âbegan
retching and coughing when [he] tried to breath[e].â
The grievance office stamped his second form as
âreceivedâ on October 18, 2022, and âreturned for
6 EDWARDS V. BROWN
correctionâ the same day. An accompanying letter from the
grievance office asked Edwards to clarify whether he
suffered âdirect or secondhand exposure.â It also noted that
this âsecond grievance outlin[ed] the same incident [for]
which [Edwards] filed a prior grievance . . . regarding use of
[oleoresin capsicum] spray on [his] unit.â
Edwards resubmitted his grievance, and this time the
grievance office stamped it as âacceptedâ on
November 2, 2022. Shelby Brown, a Correctional
Lieutenant, responded to the grievance by explaining that all
the inmates who âreceived direct exposure to the [oleoresin
capsicum] [s]pray . . . were subsequently removed from the
unit and afforded appropriate decontamination procedures.â
Edwards appealed, asserting that he âdisagree[d] with
[Lieutenant] Brownâ because he âreceived direct exposure
to the [oleoresin capsicum] spray,â but âwas not afforded
any type of decontamination.â
The Oregon State Penitentiary superintendent responded
to the appeal. He concluded that Edwards had been only
âindirectlyâ exposed to the chemicals and that the â[s]taff
followed the decontamination process appropriatelyâ and in
accordance with the prison rules. Edwards then submitted a
final grievance appeal, reiterating that the correctional
officers âsprayed directly into [his] face, eyes, arms, and
neck.â The grievance process concluded on
January 13, 2023, when the Westside Institutions
Administrator notified Edwards that he âha[d] not provided
any additional information in this appeal that would warrant
a response other than that which [he] ha[d] already
received.â
EDWARDS V. BROWN 7
B
On January 10, 2025, Edwards filed suit under 42 U.S.C.
§ 1983 against the correctional officers he alleges are
responsible for the denial of his decontamination shower. 1
Edwards claims violations of his rights under the First,
Eighth, and Fourteenth Amendments.
Defendants moved to dismiss Edwardsâs complaint,
contending that his claims are barred by the two-year statute
of limitations. The district court agreed. In its view,
Edwardsâs claims accrued on October 1, 2022, when
Edwards was exposed to the pepper spray. By the district
courtâs count, the statute of limitations ran from October 1
to October 18âwhen the prison received Edwardsâs second
grievance. Relying on a federal equitable tolling rule, the
district court determined that the statute of limitations was
tolled from October 18, 2022, until January 13, 2023, while
Edwards completed the prison grievance process. From
there, it determined that the two-year statute of limitations
ran again from January 13, 2023, until January 10, 2025,
when Edwards filed his complaint.
The district court declined to start the toll period from
when Edwards submitted his first grievance, reasoning that
he âdid not exhaust [that] grievance.â The district court also
declined to toll the period between when Edwards submitted
his second grievance (October 13) and when the grievance
office stamped it as received (October 18). The district court
1
While the district court docketed Edwardsâs complaint on
January 15, 2025, the parties agree his complaint is deemed filed on
January 10 under the prison mailbox rule. See Douglas v. Noelle, 567
F.3d 1103, 1107 (9th Cir. 2009) (âWe now join our sister circuits and
hold that the Houston [v. Lack, 487 U.S. 266 (1988),] mailbox rule
applies to § 1983 suits filed by pro se prisoners.â).
8 EDWARDS V. BROWN
explained that âthe Ninth Circuit has declined to apply the
mailbox rule to administrative deadlines when inconsistent
with applicable prison regulations,â so âthe statute of
limitations did not begin to toll until October 18, 2022, when
[Edwards]âs grievance was received by the grievance
office.â
In the end, counting only eighty-seven days of tolling,
the district court concluded that Edwards filed his complaint
beyond the two-year limitations period. It thus dismissed
Edwardsâs claims as time barred.
Edwards now appeals. While he proceeded pro se in the
district court, Edwards has counsel on appeal.
II
We have jurisdiction under 28 U.S.C. § 1291. We
review de novo a district courtâs âdismissal of a complaint
on the basis of a statute of limitations.â Lyons v. Michael &
Assocs., 824 F.3d 1169, 1171 (9th Cir. 2016). Undertaking
this review, we accept âall factual allegations in the
complaint as true and draw all reasonable inferences in favor
of the nonmoving party.â Hoang v. Bank of Am., N.A., 910
F.3d 1096, 1100 (9th Cir. 2018).
âFederal courts in § 1983 actions apply the state statute
of limitations from personal-injury claims and borrow the
stateâs tolling rules.â Soto v. Sweetman, 882 F.3d 865, 871
(9th Cir. 2018); see 42 U.S.C. § 1988(a). As relevant here,
Oregonâs two-year statute of limitations for personal injury
actions, Or. Rev. Stat. § 12.110(1), applies to federal § 1983
claims. See Sain v. City of Bend, 309 F.3d 1134, 1139 (9th
Cir. 2002). As for tolling, we adhere to Oregonâs rules
âunless their full applicationâ would âdefeat either § 1983âs
chief goals of compensation and deterrence or its subsidiary
EDWARDS V. BROWN 9
goals of uniformity and federalism.â Hardin v. Straub, 490
U.S. 536, 539 (1989) (footnote omitted) (citing Bd. of
Regents of Univ. of State of N.Y. v. Tomanio, 446 U.S. 478,
488â92 (1980)). If tolling under Oregon law renders a
complaint timely (and does not defeat the goals of § 1983),
our inquiry ends. See id. at 543â44 (explaining that a State
may, consistent with § 1983, âextend[] the time in which
prisoners may seek recovery for constitutional injuriesâ);
accord Battle v. Ledford, 912 F.3d 708, 713 (4th Cir. 2019);
Pearson v. Secây Depât of Corr., 775 F.3d 598, 603â04 (3d
Cir. 2015); Johnson v. Rivera, 272 F.3d 519, 520 n.1 (7th
Cir. 2001). If not, we consider whether a federal equitable
tolling rule applies. See Wallace v. Kato, 549 U.S. 384, 394â
96 (2007).
The parties agree that Edwardsâs cause of action accrued
on October 1, 2022, when he was exposed to the pepper
spray. Without tolling, his complaint would have been due
on October 1, 2024. See Or. Rev. Stat. §§ 12.110(1),
174.120(5). Thus, because Edwards did not file his
complaint until January 10, 2025, his claims survive only if
tolling applies.
Edwards makes two arguments in favor of tolling. First,
he contends that an Oregon statute, Oregon Revised Statutes
§ 12.210, tolls the statute of limitations from the date an
inmateâs cause of action accrues until the time he exhausts
his administrative remedies. Second, he relies on a federal
equitable tolling rule recognized by our court in Brown v.
Valoff, 422 F.3d 926, 942â43 (9th Cir. 2005), and Soto, 882
F.3d at 872â75. Because we agree that Oregon tolling rules
afford Edwards relief, we do not reach the issue of equitable
tolling under federal law.
10 EDWARDS V. BROWN
III
Oregon law provides that â[w]hen the commencement of
an action is stayed by injunction or a statutory prohibition,
the time of the continuance of the injunction or prohibition
shall not be a part of the time limited for the commencement
of the action.â Or. Rev. Stat. § 12.210. One relevant
statutory prohibition is found in the Prison Litigation Reform
Act (âPLRAâ), which requires inmates to exhaust their
administrative remedies before filing a § 1983 suit. See
42 U.S.C. § 1997e(a) (âNo action shall be brought with
respect to prison conditions under section 1983 of this title,
or any other Federal law, by a prisoner . . . until such
administrative remedies as are available are exhausted.â).
The PLRA âmandates that an inmate exhaust âsuch
administrative remedies as are availableâ before bringing
suit to challenge prison conditions.â Ross v. Blake, 578 U.S.
632, 635 (2016) (emphasis added) (quoting § 1997e(a)).
This exhaustion requirement, Edwards contends, is a
âstatutory prohibitionâ that stayed the commencement of his
§ 1983 action. In his view, the PLRA prohibited him from
commencing suit from the date his cause of action accrued
(October 1, 2022) until the date he finished exhausting his
administrative remedies (January 13, 2023). So under the
Oregon statute, he reasons, this period is not âpart of the time
limited for the commencement of [his § 1983] action.â See
Or. Rev. Stat. § 12.210.
A
Before evaluating Edwardsâs entitlement to tolling under
§ 12.210, we first must address a threshold issue.
Defendants urge us to forgo deciding whether Oregon law
entitles Edwards to tolling. In their view, principles of
EDWARDS V. BROWN 11
waiver, party presentation, and comity prevent us from
reaching this state law question.
Before the district court, the parties did not address the
application of Oregon tolling law to this case. In his
opposition to Defendantsâ motion to dismiss, Edwardsâ
proceeding pro seâargued that his § 1983 claim is not time
barred because âthere is a toll involved when a Plaintiff is
going through the grievance process.â But he relied
exclusively on our precedent adopting an equitable rule: that
the statute of limitations is tolled while an inmate exhausts
the prison administrative grievance process. The district
court accordingly considered only whether federal equitable
principles entitle Edwards to tolling.
In their original briefs on appeal, the parties again
discussed tolling under only our own federal rule. But
before oral argument, we ordered supplemental briefing on
whether Edwards is entitled to tolling under Oregon Revised
Statutes § 12.210 because the PLRA is a statutory
prohibition that stayed the commencement of his § 1983
action.
In this posture, we disagree that Edwards has waived or
forfeited any right to relief under Oregon tolling law. âWhen
an issue or claim is properly before the court, the court is not
limited to the particular legal theories advanced by the
parties, but rather retains the independent power to identify
and apply the proper construction of governing law.â Kamen
v. Kemper Fin. Servs., Inc., 500 U.S. 90, 99 (1991).
Proceeding pro se in the district court, Edwards argued that
his § 1983 claim is not time barred because âthere is a toll
involved when a Plaintiff is going through the grievance
process.â Aided by counsel on appeal, Edwards continues
12 EDWARDS V. BROWN
to press that he is entitled to tolling for the period he was
exhausting his administrative remedies.
With the tolling issue properly before us, we retain the
power to âidentify and apply the proper construction of
governing law.â Id. And Oregon law governs tolling here.
We are required to follow Oregonâs tolling rules âunless
their full application would defeat the goals of [§ 1983].â
See Hardin, 490 U.S. at 539. Thus, the question of Oregon
law is ââantecedent to . . . and ultimately dispositive ofâ the
dispute before [us],â even though âthe parties fail[ed] to
identify and briefâ the effect of the relevant statute. See U.S.
Natâl Bank of Or. v. Indep. Ins. Agents of Am., Inc., 508 U.S.
439, 447 (1993) (quoting Arcadia v. Ohio Power Co., 498
U.S. 73, 77 (1990)).
As to party presentation, we have similarly declined to
apply that doctrine when the court has âmerely âidentif[ied]
and appl[ied] the proper construction of governing law.ââ
Does v. Wasden, 982 F.3d 784, 793 (9th Cir. 2020)
(alterations in original) (quoting Kamen, 500 U.S. at 99); see
also All. for the Wild Rockies v. Higgins, 183 F.4th 671, 680
n.5 (9th Cir. 2026) (âIt is not determinative, as a matter of
party presentation, that [the appellant] neglected relevant
legal authority directly bearing on th[e] issue; we must apply
the correct law to decide the issue raised on appeal.â). â[A]
court,â we have explained, âis not hidebound by the precise
arguments of counsel.â Machowski v. 333 N. Placentia
Prop., LLC, 38 F.4th 837, 843 (9th Cir. 2022) (quoting
United States v. Sineneng-Smith, 590 U.S. 371, 380 (2020)).
So a decision does not violate the party presentation
principle simply because its âanalysis [does] not perfectly
track the arguments [the appellants] present[] in [their]
briefing.â Id.
EDWARDS V. BROWN 13
Finally, Defendants invoke principles of comity. They
press that we should not resolve whether Edwards is entitled
to tolling under Oregon law because Oregon courts should
be the ones to interpret the state tolling statute at issue. But
Defendantsâ contention fails because we are required to
apply Oregon tolling rules unless doing so âdefeat[s] either
§ 1983âs chief goals of compensation and deterrence or its
subsidiary goals of uniformity and federalism.â See Hardin,
490 U.S. at 539 (footnote omitted). Moreover, neither party
has asked us to certify this question to the Oregon Supreme
Court, and we see no need to do so.
In sum, we conclude that principles of waiver, party
presentation, and comity do not prevent us from determining
the application of Oregon tolling law to this case.
B
Oregon law provides that â[w]hen the commencement of
an action is stayed by injunction or a statutory prohibition,
the time of the continuance of the injunction or prohibition
shall not be a part of the time limited for the commencement
of the action.â Or. Rev. Stat. § 12.210. We construe
§ 12.210 using Oregonâs âmethodology for interpreting a
statute,â under which âexamination of text and contextâ are
âgiven primary weight.â 2 State v. Gaines, 206 P.3d 1042,
1050 (Or. 2009) (en banc).
2
After examining text and context in the first step, Oregon law requires
the court to âconsult [proffered legislative history in the second
step] . . . even if the court does not perceive an ambiguity in the statuteâs
text, where that legislative history appears useful to the courtâs analysis.â
Gaines, 206 P.3d at 1050 (footnote omitted). In the third and final step,
â[i]f the legislatureâs intent remains unclear after examining text,
context, and legislative history, the court may resort to general maxims
of statutory construction to aid in resolving the remaining uncertainty.â
14 EDWARDS V. BROWN
Examining the text of § 12.210, we conclude that Oregon
law plainly and unambiguously authorizes tolling the statute
of limitations when another statuteâstate or federalâ
prevents a plaintiff from bringing suit.
The PLRA commands that â[n]o action shall be brought
with respect to prison conditions under section 1983 of this
title, or any other Federal law, by a prisoner confined in any
jail, prison, or other correctional facility until such
administrative remedies as are available are exhausted.â 42
U.S.C. § 1997e(a). In other words, the PLRA functions as a
âstatutory prohibitionâ that stays âthe commencement of an
action,â during the time an inmate exhausts his available
administrative remedies. Or. Rev. Stat. § 12.210. We
therefore hold that under Oregonâs tolling statute, the time
an inmate spends exhausting available administrative
remedies does not run against the statute of limitations on
their federal § 1983 claim. See Pearson, 775 F.3d at 602â03
(applying a Pennsylvania tolling statute with similar
language); Johnson, 272 F.3d at 521 (applying an Illinois
tolling statute with similar language).
Applied here, we conclude that the statute of limitations
for Edwardsâs § 1983 lawsuit was tolled until he had
properly exhausted available administrative remedies as
required by the PLRA. The parties further dispute, however,
exactly how long § 12.210 tolled the two-year statute of
limitations. Edwards contends that he is entitled to tolling
from the date his cause of action accrued (October 1, 2022)
Id. at 1051. We do not analyze the legislative history of § 12.210 here
because the parties did not provide this information in their briefing. See
Or. Rev. Stat. § 174.020(3) (âA court may limit its consideration of
legislative history to the information that the parties provide to the
court.â).
EDWARDS V. BROWN 15
until the date he finished exhausting available administrative
remedies (January 13, 2023). Defendants counter that
tolling begins only once an inmate initiates the grievance
process, not when the cause of action accrues. But we need
notâand do notâresolve today whether § 12.210 tolls the
statute of limitations beginning on the date an inmate starts
exhausting their administrative remedies or on the date an
inmateâs § 1983 claim accrues. On the record before us,
Edwards timely filed his complaint under either standard.
We thus assume without deciding that the tolling period
starts on the date Edwards initiated the grievance process.
And we leave for another day whether Oregon law, as
applied to a § 1983 claim subject to the PLRAâs exhaustion
requirement, also tolls the statute of limitations for the time
between an inmateâs injury and his filing of an
administrative grievance.
C
Under Oregon law, tolling commenced no later than
when Edwards initiated the grievance process. See Or. Rev.
Stat. § 12.210. Edwards signed and dated his first grievance
form on October 3, 2022. It is unclear from the record what
steps Edwards took to submit this grievance and why the
grievance office did not stamp it as âreceivedâ until
October 11, eight days later. But Defendants do not contend
that Edwards actually tendered his grievance to the prison or
a prison official after October 3, nor have they provided an
explanation for the delay in receipt. â[D]raw[ing] all
reasonable inferences in favor ofâ Edwards as the
nonmoving party, see Hoang, 910 F.3d at 1100, we conclude
for purposes of this appeal that he presented his first
grievance to the Oregon State Penitentiary on
October 3, 2022.
16 EDWARDS V. BROWN
Tolling thus began, under § 12.210, no later than
October 3, 2022. The tolling period continued until
January 13, 2023, when Edwards finished properly
exhausting his administrative remedies. So these 102 days
between October 3, 2022, and January 13, 2023, did not run
against the statute of limitations on his federal § 1983 claim.
The parties agree that Edwardsâs cause of action accrued
on October 1, 2022. Without any tolling, Edwardsâs
complaint would have been due by October 1, 2024. See
Sain, 309 F.3d at 1139; Or. Rev. Stat. §§ 12.110(1),
174.120(5). Tolled 102 days, the statute of limitations
would have expired on Saturday, January 11, 2025.
Pursuant to Federal Rule of Civil Procedure 6(a)(1)(C),
however, a period of time ending on a weekend is extended
to the following Monday, in this case, January 13, 2025. See
Fed. R. Civ. P. 6(a)(1)(C) (providing that âif the last day is a
Saturday, Sunday, or legal holiday, the period continues to
run until the end of the next day that is not a Saturday,
Sunday, or legal holidayâ); see also Sain, 309 F.3d at 1138
(holding that Rule 6(a) governs the computation of time for
tolling purposes when the statute of limitations for a
section 1983 claim is borrowed from state law).
Edwards filed his complaint on Friday,
January 10, 2025. Thus, applying the Oregon tolling statute,
we conclude that Edwardsâs claims are not barred by the
statute of limitations.
D
Defendants urge an altogether different analysis. They
press that Edwards did not initiate the grievance process
until October 18, 2022, when the prison received his second
grievance form. Embedded in Defendantsâ position are two
arguments: first, that Edwardsâs original grievance should be
EDWARDS V. BROWN 17
excluded from the tolling period altogether; and second, that
Edwards did not initiate the grievance process when he
submitted his grievance but instead when the prisonâs
grievance office stamped it as received. We disagree on both
counts.
We begin with the contention that Edwardsâs first
grievance should be excluded from the tolling period.
Again, drawing all reasonable inferences in his favor,
Edwards submitted this grievance on October 3, 2022, and
the prison âdeniedâ it on October 11, 2022, for non-
compliance with DOC rules. Because Edwards âdid not
appeal the denial of that grievance,â Defendants assert that
he âdid not exhaust the administrative remedies such as to
toll the statute of limitationsâ for that grievance. But as
Edwards points out, the DOC rules provide that â[a] denied
grievance or grievance appeal cannot be appealed.â Or.
Admin. R. 291-109-0225(5) (emphasis added).
â[T]he PLRA exhaustion requirement requires proper
exhaustion.â Woodford v. Ngo, 548 U.S. 81, 93 (2006).
â[T]o properly exhaust administrative remedies,â the
Supreme Court has explained, âprisoners must âcomplete the
administrative review process in accordance with the
applicable procedural rulesâârules that are defined not by
the PLRA, but by the prison grievance process itself.â Jones
v. Bock, 549 U.S. 199, 218 (2007) (citation omitted) (quoting
Woodford, 548 U.S. at 88). And â[t]he obligation to exhaust
âavailableâ remedies persists as long as some remedy
remains âavailable.ââ Brown, 422 F.3d at 935.
Without an option under the prison rules to appeal his
denied grievance, Edwards reasonably believed that he
needed to file another grievance in order to exhaust available
remedies. Indeed, Defendants have not suggested that
18 EDWARDS V. BROWN
Edwards strayed from any DOC rules in filing a second
grievance. When Edwards did so, the prison officials
properly recognized that this âsecond grievance outlin[ed]
the same incident [for] which [Edwards] filed a prior
grievance.â The prison later âacceptedâ Edwardsâs second
grievance, and this grievance proceeded to later steps in the
process until Edwards ultimately exhausted his
administrative remedies as required by the PLRA.
The DOC rules and the prisonâs treatment of Edwardsâs
grievances confirm that both grievances should be viewed as
part of the same exhaustion process. So we conclude that his
first grievance is included in the tolling calculation.
Defendants also contend that the tolling period begins on
the date the prisonâs grievance office stamped Edwardsâs
first grievance as received (October 11)âand not the date
that Edwards submitted it (October 3). That is so,
Defendants urge, because prison administrative rules
provide the metric by which to measure when a plaintiff has
initiated the administrative review process. And under DOC
rules, they continue, a grievance is filed when it is âreceived
by the institution grievance coordinator.â Or. Admin.
R. 291-109-0205(1) (emphasis added).
For this argument, Defendants rely on Nigro v. Sullivan,
40 F.3d 990 (9th Cir. 1994). There, we addressed whether
an inmate timely filed his grievance appeal under the federal
Bureau of Prisonsâ internal administrative exhaustion
process, and if not, whether his late filing âamounted to
procedural default . . . warranting dismissalâ of his habeas
petition. See id. at 992â97. The question here is not whether
Edwards timely filed his grievances or correctly followed the
prison procedures as to properly exhaust his administrative
remedies, but whether the statute of limitations for his
EDWARDS V. BROWN 19
§ 1983 claim is tolled. Indeed, Defendants did not raise
failure to exhaust as an affirmative defense in the district
court. Nor do they press this on appeal as an alternative
ground to affirm the dismissal of Edwardsâs complaint. So
compliance with the DOC rules and deadlines is not at issue.
Viewing the facts, as we must, in the light most favorable
to Edwards, he presented his first grievance to the prison or
prison officials on October 3, 2022. We thus determine that
he is entitled to tolling beginning on that date. Tolling the
applicable limitations period from October 3, 2022, when
Edwards submitted his first grievance, through
January 13, 2023, when Edwards finished exhausting his
administrative remedies, we conclude that Edwards filed his
complaint within the applicable statute of limitations.
IV
One final matter merits mention. In a § 1983 action like
this one, the Supreme Court has instructed that we âshould
not unravel state limitations rules unless their full application
would defeat the goals of the federal statute.â Hardin, 490
U.S. at 539. Here, we see no basis to conclude that applying
Oregonâs tolling statute would âdefeat either § 1983âs chief
goals of compensation and deterrence or its subsidiary goals
of uniformity and federalism.â Id. (footnote omitted). âA
Stateâs decision to toll the statute of limitations,â the
Supreme Court has explained, âdoes not frustrate § 1983âs
compensation goal. Rather, it enhances the inmateâs ability
to bring suit and recover damages for injuries. Nor does [a]
Stateâs decision to toll its statute of limitations hinder
§ 1983âs deterrence interest.â Id. at 543 (footnote omitted).
So consistent with § 1983, a State may âextend[] the time in
which prisoners may seek recovery for constitutional
20 EDWARDS V. BROWN
injuries.â See id. at 544. And that is the result when
§ 12.210 is applied to an inmateâs § 1983 claim.
Defendants argue that tolling the statute of limitations
before an inmate begins exhausting their administrative
remedies is inconsistent with the purposes of the PLRA
because it would incentivize inmates to delay the exhaustion
process. Edwards counters that such tolling would not
enable lengthy delays because Oregonâs regulations require
grievances to âbe received by the institution grievance
coordinator within 14 calendar days from the date of the
incident,â and failure to comply with this deadline would bar
a lawsuit on exhaustion grounds. We do not address these
arguments because we do not decide today whether § 12.210
tolls the statute of limitations for the time period between the
accrual of an inmateâs § 1983 claim and the start of the
prison grievance process.
V
Edwards is entitled to tolling under Oregon Revised
Statutes § 12.210. With tolling, he timely filed his complaint
under the applicable statute of limitations. And enforcing
the Oregon tolling statute does not defeat the goals of 42
U.S.C. § 1983. Thus, the district court erred in dismissing
Edwardsâs claims as time barred.
REVERSED and REMANDED.