Kelly v. U.S. Census Bureau, No. 11-17684, 2013 WL 5458984 (9th Cir. Oct. 2, 2013) (per curium)

Wednesday, October 2, 2013
Disposition: Vacating decision and remanding case to district court; declining to affirm summary judgment on alternative grounds
  • Exhaustion:  The court declines "to affirm summary judgment on the alternative grounds of failure to exhaust because there is evidence in the record to support Kelly's claim of exhaustion."
  • Adequacy search: The court remands for the district court to explain for each request why it concluded that Census conducted an adequate search.
Adequacy of Search
Court of Appeals
Updated August 6, 2014