9th Cir.;
10-55702
The court of appeals reversed a district court judgment and remanded the action with instructions. The court held in an en banc opinion that, except where failure to exhaust is clear on the face of a complaint, a plaintiff’s failure to exhaust administrative remedies under the Prison Litigation Reform Act should be raised by a defendant by motion for summary judgment. The court held further that a prisoner was excused from the exhaustion requirement where county defendants failed to show that administrative remedies were available at the jail where the plaintiff was confined.
