Steward

Steward v. County of Santa Clara

Good Law
United States District Court, Northern District of CaliforniaFebruary 25, 20203:18-cv-04119California718 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 AARON STEWARD, Case No. 18-cv-04119-SI

Plaintiff,

ORDER DIRECTING

v. SUPPLEMENTAL BRIEFING –

DUE BY 3PM ON FEBRUARY 28, 2020

COUNTY OF SANTA CLARA, et al.,

Defendants.

15 Defendants’ motion for summary judgment is scheduled for a hearing on March 6, 2020. Defendants’ motion contends, inter alia, that plaintiff’s federal and state law claims against defendant Graham1 should be dismissed for failure to exhaust administrative remedies. Specifically, defendants argue that the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a), requires that a prisoner exhaust available administrative remedies prior to filing suit in federal court, and defendants have submitted evidence showing that plaintiff did not file a grievance regarding the “rough ride” against defendant Graham. See Duran Decl. ¶¶ 8-9, Ex. 2. Plaintiff’s opposition does not specifically address defendants’ administrative exhaustion requirement.…

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