N.J. Div. of Child Prot. & Permanency v. C.D. (In re K.D.)

How courts have described this case

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

• recognizing that the discovery process and a more substantial factual record can reveal whether a grievance process was fully available to the plaintiff
• observing that an inmate’s failure to exhaust administrative remedies is an affirmative defense that the defendants must plead and prove by the preponderance of the evidence
• finding that, in a summary judgment motion on the basis of exhaustion, defendants who failed to provide evidence disproving a prisoner’s verified claims had not met their burden of persuasion.
• noting, pursuant to Bock that failure to exhaust is an affirmative defense “that the defendants have the burden to plead and prove by a preponderance of the evidence”
• “[A]dministrative remedies are not ‘available’ if prison employees refuse to provide inmates with necessary grievance forms when requested.”
• “[A] prisoner’s sworn affidavit, standing alone, may create a genuine dispute of material fact that forecloses summary judgment on exhaustion even if the record lacks corroborating evidence.”

Source: CourtListener parenthetical corpus (CC0).