Juan Albino v. Lee Baca
697 F.3d 1023
9th Cir.2012Background
- Albino alleged lack of awareness of LASD Jail grievance procedures; LASD had Custody Division Manual §5-12/010.00 and accessible complaint forms/boxes.
- Albino was booked May 11, 2006, classified for general population, later allegedly denied protective custody after assaults.
- Alleged assaults occurred in June, July, and September 2006; he orally requested protective custody each time.
- No written grievances were filed by Albino; incident reports show relocations for safety but no written complaints.
- Magistrate and district court found Albino personally unaware of the grievance procedure and not informed by jail staff.
- Record showed LASD Jail grievance procedure existed and was accessible, though Albino claimed no awareness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PLRA exhaustion was met where remedies existed but were allegedly unavailable | Albino claimed procedure unavailable due to unawareness | Remedies existed and were not exhausted | No; remedies were available and not unavailable under PLRA |
| Whether inmate unawareness alone can render a known remedy unavailable | Unawareness can make procedure unavailable | Unawareness alone insufficient | No; objective/knowable standard required |
| Burden allocation for exhaustion under PLRA in this context | Plaintiff bears burden to show unavailability | Defendant showed existence of procedures; plaintiff must prove unavailability | Plaintiff did not meet unavailability burden |
| Whether jail's failure to inform suffices to excuse exhaustion when procedure is knowable | Failure to inform should excuse exhaustion | Failure to inform alone not enough; procedure knowable with reasonable effort | No; unsupported by record; failure to inform did not render unavailable |
Key Cases Cited
- Hilao v. Estate of Marcos, 103 F.3d 767 (9th Cir. 1996) (burden on defendant to show remedies exist; availability standard)
- Wyatt v. Terhune, 315 F.3d 1108 (9th Cir. 2003) (treat failure to exhaust as nonjurisdictional; rule for dismissal/abatement)
- Sapp v. Kimbrell, 623 F.3d 813 (9th Cir. 2010) (administrative remedies improperly screened can be unavailable)
- Nunez v. Duncan, 591 F.3d 1217 (9th Cir. 2010) (objective/knowable standard; reasonable efforts to obtain procedures)
- Goebert v. Lee County, 510 F.3d 1312 (11th Cir. 2007) (unknowable procedures may be unavailable; objective standard)