Fathiree Ali v. Steven Simmons, et al.
Environmental SocialSecurity Securities Immigration
WHEN ASSESSING WHETHER PRISON ADMINISTRATORS MADE THE GRIEVANCE PROCEDURE UNAVAILABLE BASED ON THE THREE CIRCUMSTANCES IN ROSS V BLAKE, (1) WILL ALL FINDINGS OF THWART MISCONDUCT WARRANT RELIEF TO EXCUSE EXHAUSTION, AND (2) MAY A FEDERAL COURT IMPOSE OTHER FACTORS — PLAINTIFF'S AWARENESS OF THE GRIEVANCE PROCEDURE — INTO THE ASSESSMENT EVEN THOUGH THE RECORD DEMONSTRATES THAT THE INMATE WAS GIVEN AND FOLLOWED THE WRONG ADVICE ON WHERE TO FILE HIS GRIEVANCE
THE PL'RA'S SILENCE ON JUDICIAL REVIEW CONCERNS A FUNDAMENTAL QUESTION OF WHETHER THE TEXT INTERPRETATION LIMITS ONLY ADMINISTRATIVE REMEDIES
When assessing whether prison administrators made the grievance procedure unavailable based on the three circumstances in Ross v. Blake, (1) will all findings of thwart misconduct warrant relief to excuse exhaustion, and (2) may a federal court impose other factors - plaintiff's awareness of the grievance procedure - into the assessment even though the record demonstrates that the inmate was given and followed the wrong advice on where to file his grievance