context: Here, the Sheriff has raised the failure-to-exhaust claim for the first time in his motion for summary judgment. As a result, the argument has been waived.
citation_a.signal: see
citation_a.identifier: 852 F.Supp. 659, 666
citation_a.parenthetical: affirmative defense raised for first time in response to summary judgment motion was waived
citation_a.sentence: See, e.g., Venters v. City of Delphi, 123 F.3d 956, 968 (7th Cir.1997); Baker v. Chicago Fire & Burglary Detection, Inc., 489 F.2d 953, 955 (7th Cir.1973); MCI Telecomm. Corp. v. Ameri-Tel, Inc., 852 F.Supp. 659, 666 (N.D.Ill.1994) (affirmative defense raised for first time in response to summary judgment motion was waived); see also Simmons v. Ellena, No. 96 C 6797, 2002 WL 31176161, at *2 (N.D.Ill. Sept. 30, 2002) (defendants waived failure-to-exhaust argument under PLRA by failing to raise it as an affirmative defense).
citation_b.signal: see also
citation_b.identifier: 2002 WL 31176161, at *2
citation_b.parenthetical: defendants waived failure-to-exhaust argument under PLRA by failing to raise it as an affirmative defense
citation_b.sentence: See, e.g., Venters v. City of Delphi, 123 F.3d 956, 968 (7th Cir.1997); Baker v. Chicago Fire & Burglary Detection, Inc., 489 F.2d 953, 955 (7th Cir.1973); MCI Telecomm. Corp. v. Ameri-Tel, Inc., 852 F.Supp. 659, 666 (N.D.Ill.1994) (affirmative defense raised for first time in response to summary judgment motion was waived); see also Simmons v. Ellena, No. 96 C 6797, 2002 WL 31176161, at *2 (N.D.Ill. Sept. 30, 2002) (defendants waived failure-to-exhaust argument under PLRA by failing to raise it as an affirmative defense).