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HAYES v. DAHLKE

No. 19-650. August Term 2019.

976 F.3d 259 (2020)

Taheen HAYES, Plaintiff-Appellant, v. T. DAHLKE, Correction Officer, Coxsackie Correctional Facility, Daniel F. Martuscello, Superintendent, Coxsackie Correctional Facility, Raymond Shanley, Deputy of Security, Coxsackie Correctional Facility, Jason A. Meier, Correction Officer, Coxsackie Correctional Facility, Gregory E. Langtry, Correction Officer, Coxsackie Correctional Facility, Stephen A. Bence, E. Coon, Correction Officer, Coxsackie Correctional Facility, K. Hoffman, J. Iarusso, O.R.C./Inmate Counselor, Coxsackie Correctional Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2020.

Attorney(s) appearing for the Case

DAVID SHAPIRO , Northwestern Pritzker School of Law Bluhm Legal Clinic, Chicago, Illinois ( Hillary Chutter-Ames , Business and Professional People for the Public Interest, Chicago, Illinois, on the brief), for Plaintiff-Appellant Taheen Hayes.

JONATHAN D. HITSOUS , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrea Oser , Deputy Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, Albany, New York, for Defendants-Appellees T. Dahlke, Daniel F. Martuscello, Raymond Shanley, Jason A. Meier, Gregory E. Langtry, Stephen A. Bence, E. Coon, K. Hoffman, J. Iarusso.

Robert Matthew Quackenbush , The Legal Aid Society, New York, NY, for Amicus Curiae The Legal Aid Society.

James M. Bogin , Prisoners' Legal Services of New York, Albany, NY, Michael E. Cassidy , Prisoners' Legal Services of New York, Plattsburgh, NY, for Amicus Curiae Prisoners' Legal Services of New York.

Before: LIVINGSTON, Chief Judge, SULLIVAN, AND NARDINI, Circuit Judges.

This case presents an issue of first impression under the Prison Litigation Reform Act ("PLRA") — namely, whether an inmate who has adequately completed every step of the New York State Department of Corrections and Community Supervision ("DOCCS") Inmate Grievance Procedure must wait indefinitely for prison...

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