United States Ninth Circuit

The Prison Litigation Reform Act's exhaustion requirement does not bar subsequent judicial consideration of an exhausted administrative appeal that was denied on state procedural grounds.

Appellate Information

• Argued 05/22/2007
• Decided 03/24/2005
• Published 03/24/2005

Judges

• Before:  ALEX KOZINSKI, Chief Judge, HARRY PREGERSON and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Meir Feder, Kate Bushman and Sari H. Schneider, Jones Day, New York, NY, for the plaintiff-appellant.


• For Appellees:
  
• Kenneth Roost, Deputy Attorney General;  Bill Lockyer, Attorney General of the State of California;  James M. Humes, Chief Assistant Attorney General;  Frances T. Grunder, Senior Assistant Attorney General;  Barbara C. Spiegel, Supervising Deputy Attorney General, San Francisco, CA, for the defendants-appellees.