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Ninth Circuit Adopts Test to Excuse Exhaustion of Administration Remedies for Retaliatory Threats

Loaded on Dec. 7, 2016 published in Prison Legal News December, 2016, page 26
Filed under: Retaliation for Filing Grievances, Retaliatory Discipline, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Control Units/SHU/Solitary Confinement. Location: United States of America.

The Ninth Circuit Court of Appeals joined other circuits in holding that a prisoner’s fear of retaliation may be sufficient to render the grievance procedure unavailable. The Court adopted a test that requires both a subjective and objective basis for such claims.

The case involved the dismissal of a civil ...

 

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