John Fordley v. Joe Lizarraga

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN FREDRICK FORDLEY, No. 19-15691 Plaintiff-Appellant, D.C. No. v. 2:16-cv-01985-

MCE-EFB

JOE A. LIZARRAGA, Warden; WINKFIELD, Officer; GARCIA, Officer; WATSON, Sergeant; OPINION SHRODE, Officer; CODER, Officer, Defendants-Appellees,

and

MOORE, Officer; ANDREA, Officer, Defendants.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Argued and Submitted February 12, 2021 San Francisco, California

Filed November 10, 2021

Before: Marsha S. Berzon, Morgan Christen, and Bridget S. Bade, Circuit Judges. Opinion by Judge Christen; Dissent by Judge Bade

SUMMARY*

Prisoner Civil Rights/Administrative Exhaustion

The panel affirmed in part and reversed in part the district court’s summary judgment in favor of prison officials for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e, in an action brought pursuant to 42 U.S.C. § 1983.

Plaintiff asserted that he was physically and sexually assaulted in…