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Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion

Loaded on Oct. 4, 2014

Filed under: Administrative Exhaustion (PLRA). Location: California.

Ninth Circuit: Subjective Unawareness Insufficient to Excuse Non-Exhaustion

The Ninth Circuit Court of Appeals held that subjective unawareness of a grievance procedure does not render the administrative remedy "unavailable" under the Prison Litigation Reform Act (PLRA). The prisoner must prove, instead, that the grievance procedure is …

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