Grady Davis v. F. Hernandez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a declaration was competent summary-judgment evidence when the declarant affirmed “that it was made under the penalty of perjury”
• holding that administrative procedures were unavailable to the plaintiff where the plaintiff was affirmatively and incorrectly told that the grievance process included only a single step with no option to appeal
• holding declaration neither sworn nor declared under penalty of perjury is not competent summary judgment evidence
• explaining that testimony offered in opposition to summary judgment that “was neither sworn nor declared under penalty of perjury to be true and correct, it was not competent evidence.”
• stating that grievance procedures are “unavailable” to an inmate if the correctional facility’s staff misleads an inmate “so as to cause the inmate to fail to exhaust such process”
• stating that grievance procedures are “unavailable” to an inmate if the correctional facility’s staff misleads an inmate “so as to cause the inmate to fail to exhaust such process”

Source: CourtListener parenthetical corpus (CC0).