PANARO v. CITY OF NORTH LAS VEGAS

No. 04-15750.

432 F.3d 949 (2005)

Robert Joseph PANARO, Plaintiff-Appellant, v. The CITY OF NORTH LAS VEGAS, a political subdivision; North Las Vegas Detention Center; Ken Ellingson, individually and in his official capacity as Director of the North Las Vegas Detention Center; Corrections Officers Hollins, Sgt. K. Kitchens, Prunchak, Collins, and Lt. Liani, individually and in their official capacity as Correctional Officers of the North Las Vegas Detention Center; Doe Detention Officers 1 through X, inclusive; and John Does 1 through X, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 20, 2005.


Attorney(s) appearing for the Case

Cal J. Potter, III, Las Vegas, NV, for plaintiff-appellant Robert Joseph Panaro.

Todd L. Bice, Las Vegas, NV, for defendants-appellees City of North Las Vegas, et al.

Before NOONAN, RYMER, and GOULD, Circuit Judges.


GOULD, Circuit Judge:

We consider whether a prisoner may constructively exhaust his or her administrative remedies under the Prison Litigation Reform Act (PLRA)1 by participating in an internal affairs investigation when the prisoner has not taken advantage of an internal grievance procedure. We hold that participating in an internal affairs investigation is not sufficient to satisfy the exhaustion requirement of the PLRA.

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