What is the burden of proving that a plaintiff has exhausted all available administrative remedies?
MultiRegion, United States of America
The following excerpt is from Cofield v. Swarthout, No. 2:12-cv-2343-MCE-EFB P (E.D. Cal. 2016):
Brown, 422 F.3d at 936-37 (citations omitted). Once a defendant shows that the plaintiff did not exhaust available administrative remedies, the burden shifts to the plaintiff "to come forward with evidence showing that there is something in his particular case that made the existing and generally available administrative remedies effectively unavailable to him." Albino v. Baca, 747 F.3d 1162, 1172 (9th Cir. 2014) (en banc).
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