RODRIGUEZ v. WESTCHESTER COUNTY JAIL CORRECTIONAL

Docket No. 02-0325.

372 F.3d 485 (2004)

Ivan RODRIGUEZ, Plaintiff-Appellant, v. WESTCHESTER COUNTY JAIL CORRECTIONAL DEPARTMENT, Assoc. Warden Miranda, Emergency Response Team (ERT), Westchester County Jail, Sgt. Gary Johnson, Supervisor, ERT, Officer Rosendorn, John Doe-1, John Doe-2, EMSA Correctional Care, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 24, 2004.


Attorney(s) appearing for the Case

Ivan Rodriguez, pro se, Green Haven Correctional Facility, Stormville, N.Y., submitted papers for Plaintiff-Appellant.

Thomas G. Gardiner, County Attorney's Office, White Plains, N.Y., submitted papers for Defendants-Appellees.

Before: NEWMAN, KEARSE, and KATZMANN, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This petition for rehearing of an order denying a motion to dismiss an appeal merits a brief explication of a narrow issue concerning exhaustion of prison administrative remedies under the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a) (2000). The issue is whether justifiable circumstances may sometimes excuse a prisoner's failure to exhaust administrative remedies when challenging conditions of confinement. We conclude...

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