Case Citator › Earl Wayne Wyatt v. Cal A. Terhune Suzan Hubbard, Warden

Earl Wayne Wyatt v. Cal A. Terhune Suzan Hubbard, Warden

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

Overruled in part
Court
Ninth Circuit
Citation
315 F.3d 1108
Decided
Confirmed treatments
1
Flagged citations read
353 of 353
Citing cases (total)
1,155
Treatment dates
2014
Overruled in part
A reviewed court has overruled part of this case’s holding. Earl Wayne Wyatt v. Cal A. Terhune, Suzan Hubbard, Warden has been overruled in part: all 353 flagged citations have been read, and the one confirmed treatment is listed below. En banc Albino overruled Wyatt's unenumerated-motion procedure.
More on how this was screened

The remaining opinions applied Wyatt's surviving rules or copied history parentheticals reporting Albino's act; none inflicted a distinct or stronger treatment.

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.

1,155 later cases cite Earl Wayne Wyatt v. Cal A. Terhune Suzan Hubbard, Warden; 353 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.

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Treatments

Overruled in part

  • The en banc Ninth Circuit overruled Wyatt's procedure for raising PLRA nonexhaustion through an unenumerated Rule 12(b) motion and required use of the existing Rules 12(b)(6) and 56 framework.

    Juan Albino v. Lee Baca · Ninth Circuit · filed

    First, although it may be more a matter of a change of nomenclature than of practical operation, we overrule Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir. 2003), in which we held that a failure to exhaust under § 1997e(a) should be raised by a defendant as an “unenumerated Rule 12(b) motion.” We conclude that a failure to exhaust is more appropriately handled under the framework of the existing rules than under an “unenumerated” (that is, non-existent) rule.
    Read the full opinion on CourtListener →

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