McCoy v. Goord

How courts have described this case

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

• explaining that the exhaustion requirement “must be pleaded and proved by a defendant” (citing Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007))
• explaining that courts “may consider unexhausted claims on the merits only to dismiss them as frivolous or malicious or for failure to state a claim”
• noting that correction sergeant’s proximity to assault and supervisory position gave him the opportunity to prevent use of force
• explaining that exhaustion “must be pleaded and proved by [the] defendant” (citing Jones v. Bock, 549 U.S. 199, 127 S.Ct. 910, 912, 166 L.Ed.2d 798 (2007))
• entertaining Article 78 access to courts claim but dismissing for failure to demonstrate actual injury
• dismissing Eighth Amendment claims as insufficient under the objective test because “a two-week suspension of shower privileges does not suffice as a denial of basic hygienic needs”

Source: CourtListener parenthetical corpus (CC0).