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U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA

by John E. Dannenberg

A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether he properly exhausted administrative remedies before filing suit is an affirmative defense; the prisoner does not have ...

 

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