United States Ninth Circuit

In an inmate's suit alleging constitutional violations against a registered nurse employed by the corrections center, the district court's judgment in favor of the defendant, is reversed and remanded where plaintiff was entitled to notice explaining the requirements for a response to defendant's motion to dismiss for failure to exhaust administrative remedies and the consequences if the district court granted the motion. Further, plaintiff had a substantial right to such notice and the district court's failure to provide such notice was not harmless.

Appellate Information

• Decided 09/19/2012
• Published 09/19/2012

Judges

• Kobayashi

Court

• United States Ninth Circuit

Counsel