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· 1/10/2003

Torrence v. Pesanti

Citations

  • 239 F. Supp. 2d 230
  • 2003 U.S. Dist. LEXIS 424
  • 2003 WL 118217

How courts have described this case

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

  • because “failure to exhaust administrative remedies under the PLRA is an affirmative defense.... [it] is not a ground for dismissal unless it is readily apparent from plaintiff's pleadings and/or attachments”
  • Because “failure to exhaust administrative remedies under the PLRA is an affirmative defense. . . . [it] is not a ground for dismissal unless it is readily apparent from plaintiff's pleadings and/or attachments.”
  • “[T]he failure to exhaust administrative remedies under the PLRA is an affirmative defense that defendants must plead, unless the failure to exhaust is readily apparent or unambiguously established from the face of the record.”
  • “[D]oes this case involve a denial of treatment, a claim for which exhaustion is required? Or does it involve a disagreement about treatment, which is ‘non-grievable,’ and thus has no remedies which may be exhausted?”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fitzsimmons

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.