United States Ninth Circuit

In a 42 U.S.C. section 1983 action arising out of an attack on a prisoner, the dismissal of the complaint for failure to exhaust administrative remedies is reversed, where the District Court did not notify Plaintiff that he was required to present evidence that he exhausted his remedies in response to Defendants' summary judgment motion.

Appellate Information

• Argued 01/16/2009
• Decided 04/14/2009
• Published 04/14/2009

Judges

Court

• United States Ninth Circuit

Counsel