Francis

Francis v. Galaza

Good Law
52 F. App'x 416
United States Court of Appeals for the Ninth CircuitDecember 12, 2002No. 02-15405; D.C. No. CV-99-05905-AWI(LJO)California324 words

Opinion

Lead Opinion

MEMORANDUM **

Louis Francis, a California state prisoner, appeals pro se the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging that prison *417 officials violated his Eighth Amendment rights by allowing a puddle of water to accumulate in his cell, causing him to injure himself in a fall, and by retaliating against him by ordering him transferred when he filed a grievance about the incident. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994), and we affirm in part and vacate and remand in part.

The district court properly held that Francis failed to exhaust administrative remedies as to all claims based on the flooding of his cell and his resultant fall. Francis filed his administrative grievances more than 15 days after the incidents he complained of and was therefore barred from proceeding any further. See 42 U.S.C. § 1997e(a); Cal.Code Regs., title 15, § 3084.6(c); Booth v. Churner, 532 U.S. 731, 740-41 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001).

Defendants did not, however, adequately establish that Francis failed to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.