Is a defendant required to plead and prove to exhaust the affirmative defense?
MultiRegion, United States of America
The following excerpt is from Bradley v. Rohlfing, No. 2:13-cv-2201-MCE-EFB P (E.D. Cal. 2015):
Failure to exhaust is "an affirmative defense the defendant must plead and prove." Jones v. Bock, 549 U.S. 199, 204, 216 (2007). To bear this burden:
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Brown, 422 F.3d at 936-37 (citations omitted).
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