Bailey v. Florida Dept. of Corrections

How courts have described this case

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

• noting that under Florida Rule of Civil Procedure 1.120(c), it is sufficient to generally allege the performance or occurrence of conditions precedent to suit, and stating that “[tjhis rule applies to the presuit notice conditions of section 768.28.”
• reversing dismissal of complaint where the prisoner alleged that he had “exhausted all administrative remedies”
• relying on Bock in a prisoner’s section 1983 action to conclude that - 14 - the failure to exhaust is an affirmative defense to be pled by the defendant, and the prisoner had no obligation to plead exhaustion

Source: CourtListener parenthetical corpus (CC0).