Robert Small v. Whittick

How courts have described this case

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

• holding that district courts may resolve factual disputes regarding exhaustion without the participation of a jury
• holding “judges may resolve factual disputes relevant to the exhaustion issue without the participation of a jury”
• holding court may resolve factual disputes on questions of exhaustion
• “Failure to exhaust is an affirmative defense the defendant must plead and prove; it is not a pleading requirement for the prisoner-plaintiff.”
• “Remedies that are not reasonably communicated to inmates may be considered unavailable for exhaustion purposes.”
• “[E]xhaustion is a question of law to be determined by a judge, even if that determination requires the resolution of disputed facts.” (footnote omitted)

Source: CourtListener parenthetical corpus (CC0).