United States Second Circuit

Dismissal of plaintiff's complaint for failure to exhaust available administrative remedies is vacated and remanded where threats prison officials made may be sufficient to estop the government from asserting the affirmative defense of non-exhaustion.

Appellate Information

• Decided 08/18/2004
• Published 08/19/2004

Judges

• CALABRESI, Circuit Judge., Before:  CALABRESI and SACK, Circuit Judges, and PAULEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Joel Landau, Prisoners' Legal Services of New York, Albany, N.Y. (Karen Murtagh-Monks, Tom Terrizzi, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Sachin Pandya, Assistant Solicitor General, for Eliot Spitzer, Attorney General, State of New York, New York, N.Y. (Martin Hotvet, David Lawrence III, on the brief), for Defendants-Appellees.