Topic: because exhaustion is an affirmative defense, the defendant… · Go Syfert
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Topic #89

6 canonical passages across 5 cases, quoted by 221 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 Darreyll Thomas v. Michael Reese.

#Case FlagCanonical passage Citers
1 Darreyll Thomas v. Michael Reese Anchor
ca7 · 2015
green “because exhaustion is an affirmative defense, the defendants must establish that an administrative remedy was available and that failed to pursue it.” 101
2 Curtis L. Dale v. Harley G. Lappin
ca7 · 2004
green “in order to properly exhaust, a prisoner must submit inmate complaints and appeals 'in the place, and at the time, the prison's administrative rules require.” 48
3 Woodford v. Ngo
scotus · 2006
red “in order to properly exhaust, a prisoner must submit inmate complaints and appeals 'in the place, and at the time, the prison's administrative rules require.” 43
4 McCarthy v. Madigan
scotus · 1992
red “where congress specifically mandates, exhaustion is required.” 23
5 Gomez-Palacios v. Holder
ca5 · 2009
green “need not include the specific time and date of a removal hearing in order for the statutory notice requirements to be satisfied; that information may be provided in a subsequent .” 3
6 McCarthy v. Madigan
scotus · 1992
red “here congress has not clearly required exhaustion, sound judicial discretion governs.” 3

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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