Macias v. Zenk’s Empirical Analysis
495 F.3d 37 · 2007
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 42 later decisions — most recently May 2021 · most notably Dillon v. Rogers (2010), Sapp v. Kimbrell (2010)
11 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 28 U.S.C. § 2671 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Woodford v. Ngo · V. C O Churner · Correction Officer Porters v. Ronald Nussle · Hemphill v. New York
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[a]lert[ing] the prison officials as to the nature of the wrong for which redress is sought[ ]' does not constitute 'proper exhaustion' under Woodford . " Id. at 44 (citation omitted). The same rationale applies with equal force to Plaintiff's inmate medical slips and his letter complaint to the state court judge, which detail the nature of the alleged assault, but are not proper mechanisms for commencing the grievance process pursuant to the County Jail's procedures. Plaintiff offers no evidence that raises a genuine issue of material fact as to whether he actually filed a formal grievance form pursuant to the County Jail's grievance procedures. Plaintiff does not even declare that he followed the grievance procedures in his reply submissions. Indeed, Defendants' submissions indicate that Plaintiff not only received a copy of the inmate informational handbook, which outlines the proper procedure for filing grievances (Dkt. 52-4 at 10-12, 14-15), but he also has apparently filed nine formal grievances unrelated to this matter (Dkt. 52-3 at ¶ 21; see Dkt. 52-2 at 73-79, 81-82); see also Cruz , 2013 WL 4719086 , at n.3 ("Although not dispositive of the issues presented in this case, the Court notes that [the] plaintiff is familiar with the proper procedure for filing a grievance, as he has submitted four grievances related to other subject matters.”
1 later decision quote this exact passage · from the majority“Depending on the inmate’s explanation for the alleged failure to exhaust, the court must ask whether administrative remedies were in fact available to the prisoner. The court should also inquire as to whether the defendants may have forfeited the affirmative defense of non-exhaustion by failing to raise or preserve it, or whether the defendants’ own actions inhibiting the inmate’s exhaustion of remedies may estop one or more of the defendants from raising the plaintiffs failure to exhaust as a defense. If the court finds that administrative remedies were available to the plaintiff, and that the defendants are not estopped and have not forfeited their non-exhaustion defense, but that the plaintiff nevertheless did not exhaust available remedies, the court should consider whether special circumstances have been plausibly alleged that justify the prisoner’s failure to comply with administrative procedural requirements.”
1 later decision quote this exact passage · from the majority“what effect Woodford has on Hemphill’s holding that where administrative procedures are confusing ‘a reasonable interpretation of prison grievance regulations may justify an inmate’s failure to follow procedural rules to the letter.’ ”) (quoting Hemphill, 380 F.3d at 690); Ruggiero v. County of Orange, 467 F.3d 170, 178 (2d Cir.2006) (”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.