Tuesday, March 20, 2007

Jones v. Bock, 127 S. Ct. 910 (2007)

Freeman v. Watkins, No. 06-1394 (10th Cir. March 16, 2007)
In a prisoner's 42 U.S.C. section 1983 case asserting six violations of his constitutional rights, dismissal of his case for failure to exhaust his administrative remedies is reversed pursuant to the Supreme Court's recent decision in Jones v. Bock, 127 S. Ct. 910 (2007), which specifically abrogated the "total exhaustion" requirement and held that failure to exhaust is an affirmative defense under the PLRA, and inmates are not required to specially plead or demonstrate exhaustion in their complaints.
http://laws.lp.findlaw.com/10th/061394.html

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