ADMINISTRATIVE LAW, CIVIL PROCEDURE, CIVIL RIGHTS

RAY v. KERTES, No. 99-3446 (3d Cir. April 03,
2002)
The exhaustion requirement in section 1997e(a)
of the Prison
Litigation Reform Act of 1996 is an
affirmative defense, to be
pleaded by the defendant; the District Court
erred in dismissing
complaint sua sponte for failure to meet
heightened pleading
requirement it imposed, because failure to
exhaust is not one of the
four bases for sua sponte dismissal under
section 1997e(c).

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