Legal Opinion
David Reyes v. Christopher Smith
Court of Appeals for the Ninth Circuit
Decided January 12, 2016No. 13-17119PublishedCited by 257 opinions
1Opinion of the Court
OPINION
HURWITZ, Circuit Judge:
As a matter of first impression, we must decide whether an inmate has exhausted administrative remedies under the Prison Litigation Reform Act of 1995 (PLRA), 42 U.S.C. § 1997e, if his grievance is decided on the merits at all available levels of administrative review despite failure to comply with a procedural rule. Consistent with each of our sister circuits to have addressed this issue, we hold that in these circumstances the inmate’s claim is exhausted.
I
- In January 2011, California state inmate David Reyes was examined by a prison physician, Dr. Wesley…
2Cases cited14 opinions
- Jones v. BockSupreme Court of the United States · 2007
- Woodford v. NgoSupreme Court of the United States · 2006
- Porter v. NussleSupreme Court of the United States · 2002
- Hill v. CurcioneCourt of Appeals for the Second Circuit · 2011
- Robert Spruill v. Frank Gillis Goolier, C.O. McGlaughlin M.D. Brown, P.ACourt of Appeals for the Third Circuit · 2004
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3Cited by257 opinions
- Michael Rinaldi v. United StatesCourt of Appeals for the Third Circuit · 2018
- Shawn Wayne Whatley v. Ware SP WardenCourt of Appeals for the Eleventh Circuit · 2018
- John Fordley v. Joe LizarragaCourt of Appeals for the Ninth Circuit · 2021
- Michael Fuqua v. Charles RyanCourt of Appeals for the Ninth Circuit · 2018
- McClure v. ChenDistrict Court, E.D. California · 2017
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