Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)

Citation: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Parent Document: Heriberto Rodriguez v. County of Los Angeles, 891 F.3d 776 (2018)
Jurisdiction: United States (federal)
Effective Date: 2018-05-30
Original Source: https://www.courtlistener.com/opinion/4502306/heriberto-rodriguez-v-county-of... ↗

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Because appellants demonstrated that appellees had failed
to use available remedies, the appellees were required to
produce evidence that “there [was] something in [their]
particular case that made the existing and generally available
administrative remedies effectively unavailable.” Albino v.
Baca, 747 F.3d 1162, 1172 (9th Cir. 2014) (en banc). If the
appellees in this case had alleged only general and
unsubstantiated fears about possible retaliation, as appellants
claim, we would hold that they had not exhausted their
administrative remedies. See McBride, 807 F.3d at 987–88.
The record reflects, however, that the appellees provided
factual statements supporting an actual and objectively
reasonable fear of retaliation for filing grievances.
Accordingly, the ultimate burden of proof remained with the
appellants to show that administrative remedies were
available. See Albino, 747 F.3d at 1172. The district court
did not clearly err in finding that a reasonable fear of
                     RODRIGUEZ V. CRUZ                       29

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