United States Second Circuit

Summary judgment for defendants, based on plaintiff's failure to exhaust his administrative remedies under the Prison Litigation Reform Act, is affirmed over claim that a prisoner in a drug treatment facility is not required to exhaust administrative remedies and, in any event, plaintiff's failure to exhaust should be excused.

Appellate Information

• Decided 10/18/2006
• Published 10/19/2006

Judges

• JOHN M. WALKER, JR., Circuit Judge., Before KEARSE, WALKER and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Christopher D. Watkins, Thornton, Bergstein & Ullrich, LLP (Stephen Bergstein, on the brief), Chester, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Hyun Chin Kim, Assistant County Attorney (David L. Darwin, County Attorney, on the brief), Goshen, NY, for the County of Orange and Defendants in their Official Capacities., Ralph Puglielle, Drake, Sommers, Loeb, Tarshis, Catania, Liberth, Mahon & Milligram PLLC, (Stephen J. Gaba, on the brief), Newburgh, NY, for Defendants in their Individual Capacities.