TRAVIS MORGAN v. COUNTY OF LOS ANGELES

FILED
NOT FOR PUBLICATION JAN 03 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TRAVIS MORGAN, successor-in-interest, No. 12-55748
Plaintiff - Appellant, D.C. No. 2:11-cv-06227-ODW-
AGR
v.
COUNTY OF LOS ANGELES; LOS MEMORANDUM*
ANGELES COUNTY SHERIFFS
DEPARTMENT; LEROY BACA,
individual and in his official capacity;
ERIC TUNFORSS, individual and in his
official capacity; PARVANEH P.
SOLNOUNI, M.D.; PATRICK C. PAIK,
M.D.; KAMRON K. HAKHAMIMI,
M.D.; POLICAPRIO F. ENRIQUEZ,
M.D.; HYO N. LEE; SUZANNE M.
MCDONALD; CHU-HSIAN CHI, M.D.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Otis D. Wright, II, District Judge, Presiding
Argued and Submitted December 3, 2013
Pasadena, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Before: SCHROEDER, NOONAN, and CLIFTON, Circuit Judges.
Adrian Scott Morgan filed this action against Los Angeles County and
various prison officials claiming violation of federal constitutional and statutory
rights in defendants’ failure to provide adequate treatment for a broken leg. The
district court erred in dismissing the action for failure to exhaust administrative
remedies. The record shows that an administrative complaint was filed and does
not show that there was any response. A prisoner who receives either no response
or an incomplete response to a complaint has exhausted his administrative
remedies. See Brown v. Valloff, 422 F.3d 926, 936 (9th Cir. 2005). Here, there
was exhaustion.
Morgan is now deceased and his son has been substituted as the plaintiff.
He indicates that additional claims may be now be filed. We therefore reverse the
judgment of the district court so that it may consider the federal claims and permit
amendment of the complaint to assert any additional state or federal claims that
may have arisen as a result of Morgan’s death.
REVERSED and REMANDED.
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