United States Second Circuit

In a prisoner civil rights action brought under 42 U.S.C. 1983, summary judgment for defendant is vacated and remanded where: 1) plaintiff's appeal of the administrative hearing was sufficient to exhaust all available administrative remedies as required by the PLRA; and 2) there is a dispute of fact as to the conditions of plaintiff's confinement to administrative segregation, and the factual record is not fully developed as to the actual conditions of his confinement in comparison to ordinary prison conditions.

Appellate Information

• Decided 08/07/2009
• Published 08/07/2009

Judges

• PER CURIAM:, Before:  PARKER and WESLEY, Circuit Judges, CEDARBAUM, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kathrine A. Gehring, Duane Morris, LLP, New York, NY (Anthony J. Constantini, Joanna R. Varon, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Martin A. Hotvet, Assistant Solicitor General (Barbara D. Underwood, Solicitor General;  Andrea Oser, Deputy Solicitor General;  Nancy A. Spiegel, Senior Assistant Solicitor General;  and Michael J. Russo, of counsel), for Andrew M. Cuomo, Attorney General of the State of New York, Albany, NY, for Defendant-Appellee.