holding that records showing 53 other inmates had filed grievances during the period in question did not demonstrate that 22 administrative remedy was available to plaintiff
How later courts described this case
- holding that records showing 53 other inmates had filed grievances during the period in question did not demonstrate that 22 administrative remedy was available to plaintiff
- finding that the record was “fragmentary” on the issue of the availability of remedies and remanding to the district court for discovery and further development of the record
- rejecting the argument that an inmate’s failure to exhaust administrative remedies should be excused based on the “reprehensible” conditions at the temporary facility he was evacuated to following Hurricane Katrina
- concluding that there was a dispute as to availability of remedies where officers told prisoner that he could not file a grievance
Written by the judges who cited it.
The opinion
DENNIS, Circuit Judge,
concurring in part and concurring in the judgment:
I CONCUR in the judgment in this case and CONCUR in the opinion except for Parts IIIC & HID. In my view since the factual record in this case is insufficiently developed this court cannot yet know whether the doctrines of estoppel or “special circumstances” have any applicability. I therefore believe reaching these questions is premature at this stage in the proceedings.