Legal Opinion
Demostede Mojias v. Deputy Johnson, Capt. Massar, Shield 401, Capt. John Doe, Shield 83, C.O. Alexander, C.O. John Doe, 1775, C.O. Castillo
Court of Appeals for the Second Circuit
Decided December 9, 2003No. 03-0121PublishedCited by 47 opinions
1Opinion of the Court
FEINBERG, Circuit Judge.
Plaintiff Demostede Mojias appeals from a judgment of the United States District Court for the Southern District of New York dismissing his § 1983 complaint for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act of 1995 (“PLRA”), 42 U.S.C. § 1997e(a). On appeal, Mojias argues that the district court erred because, before dismissing his complaint, it (1) failed to provide him notice and an opportunity to be heard; and (2) did not “establish the availability of an administrative remedy from a legally sufficient source,” as required…
2Cases cited6 opinions
- Raymond W. Snider v. Dr. MelindezCourt of Appeals for the Second Circuit · 1999
- Neal v. GoordCourt of Appeals for the Second Circuit · 2001
- Alred Lewis v. The State of New YorkCourt of Appeals for the Second Circuit · 1976
- Fed. Sec. L. Rep. P 98,475 Schlesinger Investment Partnership v. Fluor Corporation and Fluor Acquisition CorporationCourt of Appeals for the Second Circuit · 1982
- Doral Produce Corp., Plaintiff-Counter-Defendant-Appellee v. Paul Steinberg Assoc., Inc., Defendant-Counter-Claimant, Mark C.H. MandellCourt of Appeals for the Second Circuit · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Abbas v. DixonCourt of Appeals for the Second Circuit · 2007
- Abbas v. DixonCourt of Appeals for the Second Circuit · 2007
- Williams v. Correction Officer PriatnoCourt of Appeals for the Second Circuit · 2016
- Jose Ortiz v. D. McBride Sgt. & R.O. Mara, Counselor of Arthur Kill Correctional FacilityCourt of Appeals for the Second Circuit · 2004
- Hubbs v. Suffolk County Sheriff's DepartmentCourt of Appeals for the Second Circuit · 2015
42 more not listed; retrieve them via the Exa API.