United States Second Circuit

Dismissal of plaintiff's complaint against corrections officers for failure to exhaust available administrative remedies is vacated and remanded where the raising of a prisoner's complaint in a disciplinary hearing may amount to 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:
  
• John Boston, Legal Aid Society, Prisoners' Rights Project, New York, N.Y. (Daniel L. Greenberg and Mary Lynne Werlwas, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• F. Franklin Amanat, Assistant U.S. Attorney, for Roslynn R. Mauskopf, U.S. Attorney, Eastern District of New York, Brooklyn, N.Y. (Deborah B. Zwany, on the brief), for Defendants-Appellees.