United States Ninth Circuit

In an action claiming that corrections officers used excessive force and violated plaintiff-inmate's due process rights in the course of removing him from his cell, dismissal of the action is affirmed in part where, because plaintiff did not file a grievance until well after the applicable fifteen-day period had ended, he did not properly exhaust his administrative remedies on the excessive force claim. However, the order is reversed in part where an inmate had no obligation to appeal from a grant of relief, or a partial grant that satisfied him, in order to exhaust his administrative remedies, and it was not his responsibility to ensure that prison officials actually provide the relief that they promised.

Appellate Information

• Argued 04/08/2010
• Decided 05/11/2010
• Published 05/11/2010

Judges

• Before DANIEL M. FRIEDMAN,DOROTHY W. NELSON, and STEPHEN REINHARDT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matthew C. Lapple, Covington & Burling LLP, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Timothy J. McDonough, Deputy Attorney General, San Francisco, CA, for defendants-appellees G. Jordan, A. Hedgpeth, L.E. Scribner, J. Celaya, R. Derr, B. Rankin, R.J. Bass, T. Variz, J.W. Luman, and S. Gomez., Matthew M. Grigg (argued), Nancy E. Hudgins, Law Offices of Nancy E. Hudgins, San Francisco, CA, for defendant-appellee E. Caden.