Juan Albino v. Lee Baca
747 F.3d 1162
9th Cir.2014Background
- Albino sued the Los Angeles County Sheriff and County for §1983 and state-law claims arising from injuries in jail.
- PLRA requires prisoners to exhaust administrative remedies before filing suit; district court dismissed federal claims for nonexhaustion.
- District court granted summary judgment on exhaustion and dismissed without prejudice; the panel upheld exhaustion issue as unenumerated motion.
- Panel held exhaustion is not appropriately raised only via an unenumbered Rule 12(b) motion and must follow Rule 56 procedure, with possibility of disputed facts.
- Panel concluded Albino did exhaust or, more precisely, that remedies were not available at the jail, excusing exhaustion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural device for exhaustion defense | Albino; exhaustion should be decided under Rule 56 | Baca; Wyatt allowed unenumerated 12(b) motion | Rule 56 proper; unenumerated 12(b) motion improper |
| Whether jail remedies were available | Albino; remedies were unavailable due to access failures | Remedies were available and should have been exhausted | Remedies not available; exhaustion excused |
| Whether Albino exhausted under PLRA | Albino exhausted by showing remedies unavailable | Burden on prisoner to exhaust or show unavailability | Albino satisfied exhaustion due to unavailability of remedies |
| District court's grant of exhaustion summary judgment | District court erred by not granting Albino exhaustion | District court properly found nonexhaustion or unavailability | Reversed; grant summary judgment for Albino on exhaustion |
Key Cases Cited
- Wyatt v. Terhune, 315 F.3d 1108 (9th Cir. 2003) (exhaustion defense treated as matter in abatement)
- Jones v. Bock, 549 U.S. 199 (2007) (exhaustion is an affirmative defense; standard procedure applies)
- Nunez v. Duncan, 591 F.3d 1217 (9th Cir. 2010) (availability of remedies can excuse exhaustion)
- Sapp v. Kimbrell, 623 F.3d 813 (9th Cir. 2010) (admin remedies effectively unavailable if officials hinder merits)
- Marella v. Terhune, 568 F.3d 1024 (9th Cir. 2009) (availability of grievance forms within time limits)
- Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008) (court, not jury, resolves disputed questions of exhaustion)