⚖ Oral Arguments, with Context

The Ninth Circuit hears a prisoner's appeal concerning his return to prison after surgery at an outside hospital. He says he had trouble breathing and was coughing up blood, but the transport officers refused his requests for more medical care. His attempts to complain then ran into two different grievance systems. The health care process rejected his complaint as belonging in the custody process; that process rejected his later grievance and appeal as late. The trial court ended the lawsuit without deciding the medical-care allegations, finding he had not exhausted administrative remedies. Exhaustion means completing the required internal grievance and appeals process before going to court. Under the Prison Litigation Reform Act, only remedies that are actually available must be exhausted. The prisoner will argue that rejections and confusing directions left him without an available path to follow. The officer will argue he could still have used custody review and timely appealed, but did not complete its steps.

Simms v. Edwards, et al. (No. 24-6240) — U.S. Court of Appeals for the Ninth Circuit, argued October 30, 2026.