Case Citator › Days v. Johnson

Days v. Johnson

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

Overruled in part
Court
Fifth Circuit
Citation
322 F.3d 863
Decided
Confirmed treatments
2
Flagged citations read
28 of 28
Citing cases (total)
28
Treatment dates
2007–2010
Overruled in part
A reviewed court has overruled part of this case’s holding. Days v. Johnson was overruled in part on the procedure for deciding prison grievance exhaustion. The Supreme Court held in Jones v. Bock that failure to exhaust is an affirmative defense; the Fifth Circuit later explained in Dillon v. Rogers that courts may consider evidence beyond a prisoner's pleading.
More on how this was screened

Days's separate holding that a physical injury can make a grievance process unavailable when a later grievance is rejected as untimely remains applied. The two confirmed treatments are listed below. All 28 flagged citations have been read.

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.

28 later cases cite Days v. Johnson; 28 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 Days v. Johnson?

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 Supreme Court displaced Days's premise that a prisoner must plead exhaustion to avoid dismissal: nonexhaustion is an affirmative defense.

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

    We conclude that failure to exhaust is an affirmative defense under the PLRA, ...
    Read the full opinion on CourtListener →

Limited

  • The Fifth Circuit confined Days's pleadings only language and held that courts may consider evidence when deciding a prisoner's exhaustion defense.

    Dillon v. Rogers · Fifth Circuit · filed

    These cases should not be read to suggest that courts may never look beyond the pleadings in resolving exhaustion questions, as the district court did in this case when it converted Appellees’ motion to dismiss into a motion for summary judgment. Underwood and Days were decided before it became clear that exhaustion under the PLRA is not a pleading requirement that plaintiffs must satisfy at the outset of litigation.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

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