United States Second Circuit

In this decision involving two appeals in unrelated cases, where prisoner suits were brought under 42 U.S.C. section 1983, the matters complained of, an accumulation of water in cell and exposure to second-hand smoke, are both examples of conditions for which 42 U.S.C. section 1997(e) requires exhaustion of administrative remedies, and thus, dismissals based on failure to exhaust administrative remedies affirmed.

Appellate Information

• Decided 02/08/2002
• Published 02/12/2002

Judges

Court

• United States Second Circuit

Counsel