Michael Kelly v. Iowa Prison Industry; Anamosa State Penitentiary; Fort Dodge Correctional Facility-Secretary; Fort Dodge Correctional Facility; and Fort Dodge Correctional Facility-Regional Director
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-1227
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1227
Filed October 7, 2026
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Michael Kelly,
Plaintiff–Appellant,
v.
Iowa Prison Industry; Anamosa State Penitentiary; Fort Dodge
Correctional Facility-Secretary; Fort Dodge Correctional Facility; and
Fort Dodge Correctional Facility-Regional Director,
Defendants–Appellees.
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Appeal from the Iowa District Court for Polk County,
The Honorable Samantha Gronewald, Judge.
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AFFIRMED
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Michael Kelly, Rockwell City, self-represented appellant.
Brenna Bird, Attorney General, Patrick C. Valencia, Deputy Solicitor
General, Halle Kissell (until withdrawal), Assistant Solicitor General, and
Ryan Pell, Assistant Attorney General, attorneys for appellees.
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Considered without oral argument
by Ahlers, P.J., and Buller and Sandy, JJ.
Opinion by Ahlers, P.J.
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AHLERS, Presiding Judge.
Michael Kelly seeks judicial review under Iowa Code
chapter 17A (2024) of a grievance complaint he filed with the Iowa
Department of Corrections (IDOC). The district court granted the
defendants’ motion to dismiss based on Kelly’s failure to exhaust
administrative remedies. Kelly appeals.
“When a party fails to exhaust all of its required administrative
remedies, the court has no authority to hear the case, and if a party properly
raises the challenge, the court must dismiss the case.” Ghost Player, L.L.C. v.
State, 860 N.W.2d 323, 326 (Iowa 2015). “We review the authority of the
district court to hear a case for correction of errors at law.” Id.
Before seeking judicial review, typically a party must exhaust all
available administrative remedies. Iowa Code § 17A.19(1); Sierra Club Iowa
Chapter v. Iowa Dep’t of Transp., 832 N.W.2d 636, 642 (Iowa 2013). “Two
conditions must be met before we apply the doctrine [of exhaustion of
administrative remedies]: an adequate administrative remedy must exist for
the claimed wrong, and the governing statutes must expressly or impliedly
require the remedy to be exhausted before allowing judicial review.” Riley v.
Boxa, 542 N.W.2d 519, 521 (Iowa 1996). These two conditions are met here,
as there is an administrative process by which Kelly could bring his claim for
relief and section 17A.19 requires exhaustion of that administrative process
before Kelly may obtain relief on judicial review. See id. at 521–23.
The parties agree as to the administrative process adopted by the
IDOC that incarcerated individuals, like Kelly, must utilize. It is as follows:
An inmate must first seek to resolve the problem informally. If this fails,
the inmate may file an Offender Grievance Complaint on a prescribed
form, stating the reason for the grievance and the action requested. A
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grievance officer investigates the grievance and either replies to the inmate
in writing or refers the matter to a grievance committee. An inmate may
appeal the Grievance Response by the grievance officer or grievance
committee to the warden or superintendent, who must respond within
fifteen days and state reasons for his decision. If the inmate remains
dissatisfied, he may appeal to the Grievance Appeal Coordinator, who
must ensure that there is a response to the appeal from the appropriate
source within thirty days. The entire process “will not exceed 103 days
unless extensions have been given.”
King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Cir. 2010).
Here, Kelly’s complaint centers around his claim that a correctional
officer exposed him “to unsanitized toilet paper by removing toilet paper
from offender trash located in offender restroom,” which Kelly used to blow
his nose and when using the restroom. Kelly sought disciplinary action
against the correctional officer and monetary damages. Documentation
shows that he brought up his concerns informally first, satisfying the first of
the four required steps in the administrative process. See id. And the court
file contains a copy of Kelly’s formal grievance complaint that he
subsequently filed, satisfying the second step. See id. The court file also
contains the grievance response denying his claim and informing him of his
requirement to file an appeal with the “warden/superintendent or designee”
within fifteen days of the grievance response.
The problem arises at the third step. This step provides: “An inmate
may appeal the Grievance Response by the grievance officer or grievance
committee to the warden or superintendent, who must respond within fifteen
days and state reasons for his decision.” Id. Kelly claims he did this but never
received a response, so he went ahead with the fourth step and appealed to
the regional director, serving as the grievance appeal coordinator. In
response, an IDOC official contacted Kelly to inform him that the deputy
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warden never received his appeal and extended the deadline for him to
submit his appeal to the deputy warden. In other words, the IDOC official
told Kelly he needed to first comply with step three and gave him the
opportunity to do so. But Kelly never did. So his claim was denied for failure
to follow the proper procedure, and Kelly filed a petition for judicial review.
Kelly now argues that he should not be required to submit his appeal
to the deputy warden after being prompted to do so to exhaust his
administrative remedies. In doing so, he is steadfast that he acted in good
faith and submitted his appeal to the deputy warden already. He argues he
should not have to submit it again given his good-faith efforts. But the
documentation before us belies his assertion. He was informed that the
deputy warden never received his appeal. The IDOC official gave him an
opportunity to remedy that. He simply chose not to do so. And submission
of his appeal was necessary to satisfy step three. See id. So Kelly failed to
exhaust his administrative remedies. Cf. Tracy v. Coover, No. 09-0931, 2011
WL 227629, at *7–8 (Iowa Ct. App. Jan. 20, 2011) (recognizing a complainant
failed to exhaust administrative remedies when she did not comply with the
four-step process and rejecting her attempt to excuse her failure to exhaust in
part because no one steered her away from the administrative grievance
process or presented confusing or conflicting instructions about the
necessary process). The district court correctly concluded it had to dismiss
Kelly’s petition for judicial review based on his failure to exhaust
administrative remedies.
AFFIRMED.
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