Hogue v. Ada Cnty.

1 Citing case

  1. Williams v. Baker

    No. 1:16-cv-01540-DAD-JDP (E.D. Cal. Sep. 25, 2018)

    The fact that plaintiff pursued numerous inmate appeals and verbal claims does not support a finding that the alleged retaliatory statements served to make the administrative remedy process effectively unavailable to plaintiff. See Avery v. Virga, No. 2:11-cv-1945-KJM-EFB, 2016 WL 3548799, at *10 (E.D. Cal. June 24, 2016) (finding that plaintiff did not subjectively believe that prison officials would retaliate against him because "plaintiff pursued numerous appeals against defendants and prison officials"), report and recommendation adopted, 2016 WL 4441214 (E.D. Cal. Aug. 22, 2016); Hogue v. Ada County, No. 1:13-CV-00100-CWD, 2016 WL 1313458, at *16 (D. Idaho Mar. 31, 2016) ("While threatened harm by a correctional officer might deter a reasonable prisoner from filing a grievance, the record does not support a finding that Hogue was actually deterred from filing a grievance."); Goldsby v. Kaschmitter, No. 1:14-CV-00032-REB, 2016 WL 1367737, at *6 (D. Idaho Apr. 6, 2016) ("[Plaintiff's] multiple concern forms foreclose any argument that he was actually deterred from pursuing a grievance.