Shawn Wayne Whatley v. Ware SP Warden

How courts have described this case

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

• holding that to preserve an exhaustion defense, the prison must “explicitly rely on the grievance’s procedural shortcomings as an adequate and independent ground for denying the grievance at the administrative level”
• finding that the district court permissibly weighed the evidence regarding exhaustion when it credited prison officials’ affidavits over the prisoner’s exhibits
• holding the district court properly considered the plaintiff’s grievance-filing history “as evidence that the defendants did not make administrative remedies unavailable to him or lose or destroy his grievances”
• holding the district court did not err when it credited the defendants’ evidence that the plaintiff filed no grievances on a particular date despite the plaintiff’s unsupported contention to the contrary
• noting that the district court “appropriately considered [the prisoner’s] history of filing grievances as evidence that the defendants did not make administrative remedies unavailable to him or lose or destroy his grievances”
• upholding district court’s weighing of the evidence and credibility determination to find that one of the inmate’s grievances was not filed

Source: CourtListener parenthetical corpus (CC0).