United States Ninth Circuit

Summary judgment for defendants in an action alleging violations of 42 U.S.C. section 1983 arising out of injuries petitioner suffered while confined in Los Angeles County jail, is reversed and remanded, where: 1) to the extent evidence permits, the appropriate procedural device for a pretrial determination of whether administrative remedies have been exhausted under the Prison Litigation Reform Act (PLRA) is a motion for summary judgment; and 2) because no administrative remedies were available at the jail where plaintiff was confined, plaintiff was excused from any obligation to exhaust under the PLRA, and plaintiff is entitled to summary judgment on that issue.

Appellate Information

• Decided 04/03/2014
• Published 04/03/2014

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel