· 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 CourtListenerSourced 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.