Brodheim

I. FACTUAL BACKGROUND

Plaintiff Michael Brodheim was at all times relevant to this action a prisoner at CMF in Vacaville, California. Defendant Cry was an Appeals Coordinator at CMF, defendant Ana Ramirez Palmer was the CMF Warden, and defendant J. Valadez was the Chief Deputy Warden (collectively, “defen- dants” or “appellees”).

A. The Initial Grievance

The California Code of Regulations contains a multi-tiered administrative scheme for inmate grievances. Cal. Code Regs. tit. 15, §§ 3084.5. To file a grievance, an inmate submits his complaint on California Department of Corrections Form 602 (referred to as a “602”). Cal. Code Regs. tit. 15, §§ 3084.2(a). In the first, “informal” step of the grievance process, the BRODHEIM v. CRY 14545 grievance is filed directly with any correctional staff member. This informal level is waived for a variety of grievances, including those concerning “alleged misconduct by a depart- mental peace officer.” Cal. Code Regs. tit. 15, § 3084.5(a)(3)(G). The second level, also referred to as the First Formal Level, involves filing a 602 form with one of the institution’s Appeals Coordinators. Cal. Code Regs. tit. 15, §…