Second Circuit· 10/5/2020

Hayes v. Dahkle

Citations

976 F.3d 259

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that a defendant’s comment that “maybe all of this would go away” if an inmate stopped filing grievances, combined with a one-month delay in filing a grievance, did not rise to the level of an adverse action
holding that “an inmate exhausts administrative remedies when he follows the procedure in its entirety but the CORC fails to respond within the 30 days it is allocated under the regulations” and citing consistent other circuit case law
finding that a one-month delay in filing one grievance was not sufficient to chill a person of ordinary firmness
explaining that one month between a grievance and false misbehavior report constituted circumstantial evidence of retaliation
finding that “there simply were no further steps under the regulations that Hayes could have taken” when CORC failed to decide Hayes’ appeal within the allotted 30-day period
explaining that “principal inquiry” is “whether the contact is incidental to legitimate official duties, such as a justifiable pat frisk or strip search, or by contrast whether it is undertaken to arouse or gratify the officer or humiliate the inmate”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

8 cases in this archive cite this case.

Cites

35 cases in this archive are cited by this case; the 20 most cited are listed.

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