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Home / Opinion Digests / Failure to Exhaust Is Affirmative Defense (access required)

Failure to Exhaust Is Affirmative Defense (access required)

The 4th Circuit reverses dismissal of a suit filed by an inmate who was assigned to a lower bunk because of missing toes on his right foot, and who fell and suffered injuries while climbing the ladder to the upper bunk he was given; the district court improperly sua sponte examined plaintiff’s administrative exhaustion requirement. Sua sponte request When ...