United States Second Circuit

Dismissal of pro se prisoner's Eighth Amendment medical indifference claims against prison officials for failure to exhaust administrative remedies under the Prison Litigation Reform Act is vacated in part to allow the district court to consider whether the threats plaintiff alleges he received rendered the administrative grievance procedures unavailable to him, or whether those threats estop defendants from raising plaintiff's failure to exhaust as an affirmative defense.

Appellate Information

• Decided 07/26/2007
• Published 07/26/2007

Judges

• MESKILL, Circuit Judge:, Before:  MESKILL, WINTER and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Juan Edgar Loera Macias, Brooklyn, NY, Appellant Pro Se.


• For Appellees:
  
• Roslynn R. Mauskopf, United States Attorney, Eastern District of New York, Varuni Nelson, Edward Newman, Assistant United States Attorneys, Brooklyn, NY, on the brief, for Appellees.