United States Tenth Circuit

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.

Appellate Information

• Decided 03/16/2007
• Published 03/19/2007

Judges

• TYMKOVICH, Circuit Judge., Before TACHA, Chief Judge, HARTZ, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Russell E. Freeman, pro se.