Gilbert Ray Francis v. Joseph Marquez, Executive Officer, California Correctional Institution

This is an appeal by a prison inmate from the district court’s dismissal of his purported section 1983 action because of his alleged failure to exhaust administrative remedies. Because we believe that the district court failed to comply with the requirements of 42 U.S.C. § 1997e(a)(l) regarding exhaustion of administrative remedies in section 1983 actions, we reverse the dismissal.

Gilbert Ray Francis, an inmate at the men’s correctional facility at Tehachapi, California, brought an action against the warden of that facility alleging violations of due process rights. Francis alleged that the warden, through two of his agents, placed him in a segregated housing unit and ordered him to sleep on a mattress on the floor in an area no longer than the length of the mattress. The record indicates that the decision to place Francis in “administrative segregation” was based on rude and disrespectful comments that he allegedly made to certain visitors at the prison. Francis contends that such segregation without a hearing denies him due process of law in light of the liberty interest created by California law. See Cal.Admin.Code tit. 15, § 3335 (1981); In re Davis, 25 Cal.3d 384, 391 , 158…