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GARCIA v. HEATH

No. 22-367 August Term 2022.

74 F.4th 44 (2023)

Felix GARCIA, DIN# 04-A-2384, Sing Sing Correctional Facility, 354 Hunter Street, Ossining, NY 10562, Plaintiff-Appellant, Wayne Norris, Kevin Williams, James Jameson, Rolando Coronado, Eleggua Osun Elufe, Elmer Ortiz, Brandon Holmes, Malumba Kazigo, Lamonte Johnson, Ercrey Grangier, Philip Caldarola, Amaury Bonilla, Paul Thompson, Plaintiffs, v. Philip D. HEATH, Superintendent, Sing Sing C.F., Noel F. Morris, Defendants-Appellees, Michael Capra, Superintendent, Sing Sing C.F., C.O. Morris, Fire and Safety Officer, Sing Sing C.F., Superintendent Brian Fischer, Medical Director Genovese, Night Watch Commander Unknown, Lieutenant Mejia, All Gallery Officers Known and Unknown, Nurse Administrator Furco, Sgt. Richard A. Moss, C.O. Peter Mendez, K-Gallery Officer, C.O. Kyle T. Jackson, K-Gallery Officer, Candice P. Sumpter, K-Gallery Officer, Sheldon L. Welch, K-Gallery Officer, Deputy Super. William F. Keyser, Kevin Winship, Sergeant Valerie Colon, Officer Sheldon Welsh, Officer Kevin M. Jackson, Officer Daniel Hausrath, Dr. Williams, Nurse Doe, Anthony M. Therlault, Emil Meija, Maryann Genovese, Nurse Administrator Barbara Furco, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 17, 2023.

Attorney(s) appearing for the Case

Eric Peter Stephens , Jones Day, New York, NY, for Plaintiff-Appellant.

Mark S. Grube , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Ester Murdukhayeva , Deputy Solicitor General, on the brief), for Letitia James , Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: Lohier, Menashi, and Robinson, Circuit Judges.

Felix Garcia sued officials at the Sing Sing Correctional Facility under 42 U.S.C. § 1983 for their conduct during an electrical fire that occurred at the facility while Garcia was imprisoned there. The district court determined that Garcia had not exhausted his administrative remedies prior to bringing suit, as the...

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