Is a failure to exhaust administrative remedies an affirmative defense?
MultiRegion, United States of America
The following excerpt is from Price v. Lamb, No. 2:17-cv-0099 KJN P (E.D. Cal. 2017):
However, failure to exhaust is "an affirmative defense the defendant must plead and prove." Jones v. Bock, 549 U.S. 199, 204, 216 (2007). Therefore, the court will not screen out the complaint based on a failure to exhaust administrative remedies, particularly in the face of
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