In exhaustion cases, the burden of proof to show the failure to exhaust is on the prison officials.

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In the context of prison litigation, particularly under the Prison Litigation Reform Act (PLRA), the burden of proof to demonstrate that an inmate failed to exhaust available administrative remedies before filing a lawsuit falls on the prison officials. This means that it is up to the prison officials to prove that the inmate did not follow through with all the required steps of the grievance process provided by the prison system before seeking relief through the courts.

In Exhaustion Cases, the Burden of Proof to Show the Failure