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

Date: 
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.
Topic: 
Adequacy of Search
Court of Appeals
Exhaustion
Updated August 6, 2014