Andre Porter v. Dave Dormire

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “[d]ismissal without prejudice is mandatory” if a prisoner does not exhaust administrative remedies in accordance with the PLRA (citations omitted)
• stating that failure to exhaust is an affirmative defense that “defendants have the burden of raising and proving”
• explaining that prisoners are excused from exhausting administrative remedies when prison officials have prevented them from using those procedures
• recognizing Missouri Department of Correction’s three-step grievance process and finding inmate failed to exhaust, thereby mandating dismissal of the suit
• holding “[d]ismissal without prejudice is mandatory” where the plaintiff did not exhaust his institution’s grievance procedures
• holding that, for a prisoner to “exhaust all available remedies,” the prisoner “needed to appeal from the .. . grievance response, even if he believed an appeal would be ineffective” and that when a prisoner accepts an administrative remedy, they abandon their claim

Source: CourtListener parenthetical corpus (CC0).