United States Second Circuit

Dismissal of plaintiff's section 1983 complaint for failure to exhaust administrative remedies, as required by the Prison Litigation Reform Act of 1995, is reversed where the district court erred in dismissing the complaint without providing notice and an opportunity to respond.

Appellate Information

• Decided 12/09/2003
• Published 12/09/2003

Judges

• FEINBERG, Circuit Judge., Before:  FEINBERG, SACK, Circuit Judges, and WEXLER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John Boston (Daniel L. Greenberg and Mary Lynne Werlwas, on the brief), The Legal Aid Society Prisoners' Rights Project, New York, NY, for Plaintiff-Appellant.