James Curtis v. Percy Timberlake and Charles Jefferson

How courts have described this case

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

• rejecting an argument that prisoners “fail[ ] to exhaust as a matter of law any time prison officials decide to assert noncompliance with a written grievance procedure”
• finding the plaintiff was not prejudiced by the affirmative defense of setoff because he was aware of the defense when he filed his complaint and confronted the defense in responding to the summary judgment motion
• “[W]e have held that a delay in asserting an affirmative defense waives the de- fense only if the plaintiff was harmed as a result.”
• When “prison officials encourage, or even invite, noncompliance with written procedure,” they cannot then assert that a prisoner has failed to properly ex- haust that procedure.
• whether the prison follows an alternative procedure is a question of fact
• When “prison officials encourage, or even invite, noncompliance with written procedure,” they cannot then assert that a prisoner has failed to properly ex- haust that procedure.

Source: CourtListener parenthetical corpus (CC0).