Wisenbaker
Wisenbaker v. Crawford
Opinion
Lead Opinion
MEMORANDUM **
Nevada state prisoner Larry M. Wisen-baker appeals from the district court’s order in his 42 U.S.C. § 1983 action, granting summary judgment on his claims alleging deliberate indifference and failure properly to train and supervise, and dismissing the remaining claims, without prejudice, for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both the exhaustion determination, Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003), and the grant of summary judgment, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam). We affirm in part, vacate in part, and remand.
The district court properly determined that Wisenbaker did not exhaust as to his claim that the defendants have a policy of coercing inmates in need of protective segregation into transferring to the general population, given that his grievance made no mention of the alleged coercion. See Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir.2009) (holding that, although a prison grievance need not include legal terminology or legal theories, it must alert the prison to the…