RODERICK SKINNER V. RENEE PFISTER, No. 17-16054 (9th Cir. 2018)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION JAN 19 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT RODERICK SKINNER, No. Plaintiff-Appellant, U.S. COURT OF APPEALS 17-16054 D.C. No. 3:15-cv-00340-MMD-VPC v. MEMORANDUM* RENEE PFISTER, Nurse; DANELLI TAYLOR, Nurse, Defendants-Appellees. Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding Submitted January 16, 2018** Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges. Roderick Skinner, a Nevada state prisoner, appeals pro se from the district court’s summary judgment for failure to exhaust administrative remedies in his 42 U.S.C. § 1983 action alleging a deliberate indifference claim arising out of events that occurred while he was detained at Washoe County Jail. We have jurisdiction * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). under 28 U.S.C. § 1291. We review de novo. Williams v. Paramo, 775 F.3d 1182, 1191 (9th Cir. 2015). We vacate and remand. The district court concluded that Skinner failed to exhaust his administrative remedies. It is undisputed that Skinner did not file a grievance related to his present claims. However, it is unclear from the record when Skinner was aggrieved sufficiently to trigger the grievance deadline, and even if he was aggrieved, whether Skinner was able to initiate the grievance process due to his illness and subsequent hospitalization. See Marella v. Terhune, 568 F.3d 1024, 1027 (9th Cir. 2009) (remanding for the district court to consider whether prisonerplaintiff was able to initiate the grievance process while receiving medical treatment and during administrative lockdown). We vacate and remand for the district court to consider whether administrative remedies were unavailable to Skinner. The parties shall bear their own costs on appeal. VACATED and REMANDED. 2 17-16054
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
