Case Citator › Ross v. County of Bernalillo

Ross v. County of Bernalillo

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Tenth Circuit
Citation
365 F.3d 1181
Decided
Confirmed treatments
1
Flagged citations read
54 of 54
Citing cases (total)
54
Treatment dates
2007
Overruled in part
A reviewed court has overruled part of this case’s holding. Ross v. County of Bernalillo was overruled in part: all 54 flagged citations have been read, and the confirmed treatment is listed below. Jones v. Bock rejected Ross's rule requiring dismissal of an entire prisoner complaint when any claim was unexhausted.
More on how this was screened

Later opinions continue to apply Ross's separate rulings about when a prisoner's grievance has exhausted available remedies.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

54 later cases cite Ross v. County of Bernalillo; 54 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Ross v. County of Bernalillo?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court rejected Ross's total exhaustion rule and held that courts may proceed with exhausted prisoner claims while dismissing unexhausted claims.

    Jones v. Bock · Supreme Court of the United States · filed

    3 Compare Jones Bey v. Johnson, 407 F. 3d 801, 805 (CA6 2005) (re quiring dismissal of the entire action if one unexhausted claim is present); Ross v. County of Bernalillo, 365 F. 3d 1181, 1189 (CA10 2004) (same); ... As a general matter, if a complaint contains both good and bad claims, the court proceeds with the good and leaves the bad.
    Read the full opinion on CourtListener →

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