What is the burden of proving that an inmate failed to exhaust their mental health benefits?
MultiRegion, United States of America
The following excerpt is from Nunez v. Porter, No. 2:12-cv-2775 JAM KJN P (E.D. Cal. 2015):
5. See Albino v. Baca, 697 F.3d 1023, 1031 (9th Cir. 2012). The three judge panel noted that "[a] defendant's burden of establishing an inmate's failure to exhaust is very low." Id. at 1031. Relevant evidence includes statutes, regulations, and other official directives that explain the scope of the administrative review process. Id. at 1032.
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