United States Ninth Circuit

In a prisoner civil rights action under the Prison Litigation Reform Act, the district court's order granting defendants' motion to dismiss is affirmed where plaintiffs failed to exhaust administrative remedies under the PLRA. Although exhaustion issues must generally be decided on a motion for summary judgment pursuant to Fed. R. Civ. P. 56, in this case there was no need for further factual development. Fear of retaliation may be sufficient to render the inmate grievance procedure unavailable, and the Court approves of the test applied in the Eleventh Circuit that requires both a subjective and objective basis for the fear.

Appellate Information

• Decided 06/30/2015
• Published 06/30/2015

Judges

• Schroeder

Court

• United States Ninth Circuit

Counsel