Eric Green, Petitioner v. Calvin Cottrell, Respondents

Summary

The court quashed the First District's decision and held that the one-year limitations period for prisoner actions concerning confinement did not apply to Green's state-law claims alleging physical injury from governmental employees' negligence or wrongful acts; the applicable period was four years. The court also held that failure to exhaust administrative remedies under the PLRA is an affirmative defense, so Green was not required to plead or prove exhaustion in his complaint, and factual questions concerning available procedures precluded dismissal. The matter was remanded for further proceedings. POLSTON, J., concurring in part and dissenting in part, would apply the one-year period to Green's state-law claims but agreed that the federal claims should not have been dismissed.