Topic: nonexhaustion is an affirmative defense, and defendants hav… · Go Syfert
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Topic #24604

2 canonical passages across 2 cases, quoted by 17 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Andre Porter v. Dave Dormire.

#Case FlagCanonical passage Citers
1 Andre Porter v. Dave Dormire Anchor
ca8 · 2015
green “nonexhaustion is an affirmative defense, and defendants have the burden of raising and proving the absence of exhaustion.” 13
2 Washington v. Rounds
mdd · 2016
green “to be sure, if prison officials impede a prisoner's attempts to exhaust by denying that inmate the proper forms, by failing to educate the inmate on the grievance process, or by failing to respond to a proper grievance, a prisoner may be excused from exhaustion requirements.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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