Kentrell Welch v. Gavin Liggett

Good Law
United States Court of Appeals for the Ninth CircuitApril 22, 202423-15200California652 words

Opinion

Opinion

discussion with staff or submitting an inmate request form.” AR 740.08(1). If the

inmate’s complaint is not resolved through the alternative means, the inmate initiates

2 a three-step process for escalating the grievance. See AR 740.08–740.10. The

inmate’s first step in this process (the second step overall) is to file an informal

grievance. AR 740.08. If the informal grievance is denied, the inmate may escalate

the complaint to a formal grievance, and if that is also denied, the inmate may

escalate the complaint to a second-level formal grievance. AR 740.08, 740.09.

Welch was clearly aware of how these procedures worked. From 2014 to 2021,

Welch filed 189 grievances through the processes outlined in AR 740. Welch won

five outright and prevailed in part on three.

Welch argues AR 740 is “so opaque that it becomes, practically speaking,

incapable of use.” Ross v. Blake, 578 U.S. 632, 643 (2016). But administrative

procedures “need not be sufficiently ‘plain’ as to preclude any reasonable mistake

or debate with respect to their meaning.” Id. at 644. The administrative remedies

“need not meet federal standards, nor must they be plain, speedy, and effective.”

Porter v.…

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