Case Citator › Rivera v. Allin

Rivera v. Allin

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Eleventh Circuit
Citation
144 F.3d 719
Decided
Confirmed treatments
2
Flagged citations read
254 of 254
Citing cases (total)
362
Treatment dates
2007–2023
Overruled in part
A reviewed court has overruled part of this case’s holding. Rivera v. Allin has been overruled in part. All 254 flagged citations have been processed; 2 confirmed adverse treatments are listed below.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

362 later cases cite Rivera v. Allin; 254 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Rivera v. Allin?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The en banc Eleventh Circuit receded from Rivera's implication that a dismissal for failure to exhaust administrative remedies is always a dismissal for failure to state a claim.

    Wells v. Warden · Eleventh Circuit (en banc) · filed

    We recede from Rivera v. Allin, 144 F.3d 719 (11th Cir. 1998) and White, 947 F.3d 1373 to the extent we implied that a dismissal for failure to exhaust administrative remedies is always a dismissal for failure to state a claim. A dismissal for failure to exhaust administrative remedies is not always a dismissal for failure to state a claim.
    Read the full opinion on CourtListener →

Abrogated

  • The Supreme Court abrogated Rivera's rule that prisoners must plead exhaustion by holding that failure to exhaust is an affirmative defense.

    Jones v. Bock · Supreme Court of the United States · filed

    The first question presented centers on a conflict over whether exhaustion under the PLRA is a pleading requirement the prisoner must satisfy in his complaint or an affirmative defense the defendant must plead and prove. ... Rivera v. Allin, 144 F. 3d 719, 731 (CA11 1998) (same) ... We conclude that failure to exhaust is an affirmative defense under the PLRA, and that inmates are not required to specially plead or demonstrate exhaustion in ... their complaints.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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