Missouri Court of Appeals, Western District / Jun 28, 2019
Christopher Gray vs. Missouri Department of Corrections
Christopher Gray, an inmate, filed a petition for declaratory judgment seeking additional jail-time credit. The trial court dismissed his petition, finding it lacked subject matter jurisdiction because Gray had not exhausted his administrative remedies. The appellate court reversed and remanded, holding that the failure to exhaust administrative remedies is an affirmative defense, not a jurisdictional bar, in light of the Missouri Supreme Court's decision in J.C.W. ex rel. Webb v. Wyciskalla.