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NEAL v. GOORD

Docket No. 99-0253.

267 F.3d 116 (2001)

Christopher NEAL, Plaintiff-Appellant, v. Glenn S. GOORD, Commissioner; Walter Kelly, Attica, Superintendent; Hirsch, Sgt.; John Does, and Jane; Buehler, Sgt.; Storres, C.O.; Barker, C.O.; Hansen, C.O.; Takos, Dr.; Stephen Laskowski, Doctor,

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided October 4, 2001.

Attorney(s) appearing for the Case

René Reich-Graefe, New York, NY, (Douglas F. Broder, Coudert Brothers, New York, New York, of counsel), for Plaintiff-Appellant.

Martin A. Hotvet, Albany, N.Y., (Nancy A. Spiegel, Eliot Spitzer, Attorney General of the State of New York, Albany, NY, of counsel), for Defendants-Appellees.

Before: CARDAMONE, PARKER, Circuit Judges, and MURTHA, District Judge.

CARDAMONE, Circuit Judge:

There are two questions on this appeal where the issue before us is the propriety of the dismissal of plaintiff's amended complaint. The first question asks whether a prisoner's claim of an alleged deprivation of medical services must be administratively exhausted before relief may be sought in federal court. The answer to that question hinges on whether the action of which the inmate complains is properly classified as a single, momentary...

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