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· 6/2/2015

Hubbs v. Suffolk County Sheriff's Department

Citations

  • 788 F.3d 54
  • 2015 U.S. App. LEXIS 9123
  • 2015 WL 3461791

How courts have described this case

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

  • explaining that “vague and conclusory statements in [an] affidavit” are insufficient to defeat summary judgment
  • explaining that defendants bear the burden of proof, but plaintiffs can overcome a showing of non-exhaustion by putting on their own evidence
  • holding “administrative remedies may . . . be deemed unavailable if the plaintiff can demonstrate other factors—for example, threats from correction officers—rendered a nominally available procedure unavailable”
  • first citing Mojias v. Johnson, 351 F.3d 606, 610 (2d Cir. 2003), then citing Snider v. Melindez, 199 F.3d 108, 114 (2d Cir. 1999)
  • “Whether an administrative remedy was available to a prisoner in a particular prison or prison system is ultimately a question of law, even when it contains factual elements.”
  • “Whether an administrative remedy was available to a prisoner in a particular prison or prison system is ultimately a question of law, even when it contains factual elements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Calabresi, Cabranes, Raggi

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.