Michael Massey and John Otten, M.D. v. David Helman

How courts have described this case

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

• holding that a federal inmate confined to a BOP facility must exhaust claims through the ARP before filing a civil rights lawsuit
• holding that failure to plead affirmative defense to original complaint does not amount to waiver where defense is raised in response to amended complaint
• explaining that “the appropriate basis for dismissing a Bivens claim ... is failure to state a claim upon which relief can be granted, not lack of subject matter jurisdiction.”
• noting that failure to exhaust administrative remedies is an affirmative defense
• commenting that a prison physician who gave a deposition in a prisoner lawsuit could not show “that his termination interfered with other prisoners’ access to the courts by confining their ability to gather evidence in support of their cases”
• allowing an affirmative defense in response to an amended complaint, even though the defense was available from the commencement of the suit

Source: CourtListener parenthetical corpus (CC0).