Is a failure to exhaust an affirmative defense an affirmative defence?
MultiRegion, United States of America
The following excerpt is from Rios v. Gipson, Case No. 1:12-cv-01334-LJO-SKO (PC) (E.D. Cal. 2017):
The failure to exhaust is an affirmative defense which the defendants bear the burden of raising and proving on summary judgment under Rule 56. Jones, 549 U.S. at 216; Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014) (en banc), cert. denied, 135 S.Ct. 403 (2014).
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