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Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion
Loaded on Dec. 14, 2017
by Mark Wilson
by Mark Wilson
The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits.
In January 2011, California prison physician Wesley Hashimoto …
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More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
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- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
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- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
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- $280,000 Paid for South Carolina Detainee’s Death in Charleston Jail, Sept. 1, 2026. Private Contractors, Failure to Treat, Contractor Liability, Medical Neglect/Malpractice, Monell Liability.
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- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- States Claim to Invest in “Humane” New Prisons— But Prisons Were Never Humane, Sept. 1, 2026. Retaliation for Organizing, Hunger Strikes, Protests, Failure to Treat, Immigration Detention.
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- Ohio Finds Guards and Medical Staff Failed to Render Life-Saving CPR to Detainee, Sept. 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Hawai‘i Pays $600,000 for Prisoner’s Withdrawal Death, Sept. 1, 2026. Medication, Drug/Alcohol Withdrawal, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.

