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Ninth Circuit Declines to Enforce Procedural Bar When Prison Officials Waive Rule

Loaded on Dec. 7, 2016 published in Prison Legal News December, 2016, page 30
Filed under: Systemic Medical Neglect, Failure to Treat, Administrative Exhaustion (PLRA), Administrative Exhaustion, Grievances. Locations: California, United States of America.

In a January 12, 2016 decision, the Ninth Circuit Court of Appeals held that a prisoner successfully exhausts “such administrative remedies as are available” under the Prison Litigation Reform Act (PLRA) “despite failing to comply with a procedural rule if prison officials ignore the procedural problem and render a decision ...

 

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