Ninth Circuit: Grievance Policy May Excuse Oregon Prisoner’s Failure to Exhaust Administrative Remedies by Jacob Barrett by Jacob Barrett On October 12, 2022, the U.S. Court of Appeals for the Ninth Circuit vacated dismissal of an Oregon prisoner’s civil rights claims for failure to exhaust administrative remedies available in the …

Seventh Circuit: Indiana Prisoner Who Failed to Formalize Grievance Also Failed to Exhaust Remedies by David Reutter by David M. Reutter On August 17, 2022, an Indiana prisoner learned a painful lesson from the U.S. Court of Appeals for the Seventh Circuit. As PLN has repeatedly warned, courts are empowered …

Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies by David Reutter by David M. Reutter On May 23, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a prisoner whose complaint was dismissed for failure to exhaust administrative remedies need not file …

Ninth Circuit Finds California Prisoner’s Administrative Remedies Effectively Unavailable by Mark Wilson by Mark Wilson On July 16, 2020, the United States Court of Appeals for the Ninth Circuit reversed a lower court’s dismissal of a former California pretrial detainee’s suit for non-exhaustion. Joshua Franklin Snyder was a pretrial detainee …