People v. Hill CA4/1

Good Law
Court of Appeal of CaliforniaMarch 20, 2015D066033California300 words

Opinion

Opinion

Mcdonald, J.

DISCUSSION

Exhaustion of Administrative Remedies

"It is well settled that inmates must exhaust available administrative remedies

before filing a petition for habeas corpus in the courts." (In re Hudson (2006) 143

Cal.App.4th 1, 7, citing In re Muszalski (1975) 52 Cal.App.3d 500, 508.)1 A parolee,

Although the " 'doctrine of exhaustion of administrative remedies' " is not entirely inflexible, Hill does not assert and we do not find that any of the usual exceptions apply in this case. (In re Hudson, supra, 143 Cal.App.4th at p. 7; Ogo Associates v. City of Torrance (1974) 37 Cal.App.3d 830, 834 ["It contains its own exceptions, as when the subject matter of the controversy lies outside the administrative agency's jurisdiction [citation], when pursuit of an administrative remedy would result in irreparable harm [citations], when the administrative agency cannot grant an adequate remedy [citations], 3 dissatisfied with his parole conditions, can challenge those conditions by an

administrative review. (Cal. Code Regs., tit. 15, §§ 3084.1-3084.3, 3084.8-3084.

[describing appeal process for inmates and parolees with grievances].) He can also

request…

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