Donald Stratton v. Julie Buck
2012 U.S. App. LEXIS 19647
| 9th Cir. | 2012Background
- Stratton was assaulted at Stafford Creek Corrections Center on August 17, 2008 and later received care from Brown and Buck.
- Stratton filed suit on November 16, 2009 alleging Eighth Amendment and due process violations for not receiving pain medication.
- Brown moved to dismiss for failure to exhaust administrative remedies on March 31, 2010; magistrate recommended dismissal on July 1, 2010.
- District court dismissed Stratton’s claims against Brown without prejudice on July 26, 2010; Stratton appealed August 18, 2010.
- The district court relied on documents beyond the pleadings in ruling on the motion to dismiss, raising whether Stratton received proper notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice for beyond-pleadings materials | Stratton lacked Rand-like notice for a Rule 12(b) dismissal based on exhaustion. | The district court appropriately considered documents; Rand notice not required here. | Reversed and remanded; notice required for beyond-pleadings considerations. |
| Exhaustion of administrative remedies under 42 U.S.C. §1997e(a) | Stratton exhausted all available remedies or should be allowed to develop the record. | Stratton did not properly exhaust administrative remedies. | Remand to district court to resolve exhaustion merits. |
Key Cases Cited
- Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (provides model notice for pro se prisoners in summary-judgment-like motions)
- Solis v. County of Los Angeles, 514 F.3d 946 (9th Cir. 2008) (requires fair notice of summary-judgment rules for pro se prisoners)
- Wyatt v. Terhune, 315 F.3d 1108 (9th Cir. 2003) (addresses notice and the opportunity to develop a record for exempt motions)
- Stephanie-Cardona LLC v. Smith's Food & Drug Ctrs., Inc., 476 F.3d 701 (9th Cir. 2007) (recognizes application of notice requirements in related contexts)