ANOTHER VICTORY IN THE NINTH CIRCUIT

Plaintiff, an inmate at the Theo Lacy Jail Facility in Orange County California, was involved in a scheme to smuggle messages and contraband between inmates at the jail. As several deputies began a search of inmates, Plaintiff ran from the deputies and threw a packet containing heroin, tobacco, and messages underneath a door. When Plaintiff resisted the deputies’ attempts to restrain him, the deputies used pepper spray and a Taser to secure Plaintiff in handcuffs. Plaintiff was subsequently charged and convicted for possession of an illegal substance in jail, and for resisting a peace officer. Plaintiff was still incarcerated when he filed his 42 U.S.C. § 1983 lawsuit, which alleged that he suffered severe injuries as a result of the incident, that he was denied medical attention until hours after the incident, and that deputies had refused to file his administrative grievances. LBAC filed a Motion to Dismiss of the deputies’ behalf, arguing that Plaintiff’s lawsuit was barred by the Prison Litigation Reform Act, because Plaintiff had not exhausted his administrative remedies prior to filing his lawsuit. The District Court agreed, and dismissed Plaintiff’s lawsuit. Plaintiff appealed to the Ninth Circuit, and LBAC obtained an affirmative ruling in Omar Villicana v. Orange County Sheriff’s Department, 471 Fed.Appx. 604, 2012 WL 699045 (9th Cir. 2012).