Jory Strizich v. Dustin Palmer

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 22 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

JORY STRIZICH, No. 23-35082 Plaintiff-Appellant, D.C. No. 6:21-cv-00022-SEH v.

MEMORANDUM*

DUSTIN PALMER,

Defendant-Appellee.

Appeal from the United States District Court for the District of Montana Sam E. Haddon, District Judge, Presiding Argued and Submitted March 8, 2024 Las Vegas, Nevada

Before: M. SMITH, BENNETT, and COLLINS, Circuit Judges.

Jory Strizich, an inmate in the Montana State Prison (“MSP”), brought this

suit under 42 U.S.C. § 1983 against former prison guard Dustin Palmer, alleging

that Palmer planted a substance resembling methamphetamine in Strizich’s cell

during a search on April 20, 2018, and that Palmer did so in retaliation for

Strizich’s frequent filing of “grievances and lawsuits” against correctional

officials. The district court granted summary judgment to Palmer on the ground

that Strizich had failed to exhaust his available administrative remedies as required

* This disposition is not appropriate…