Legal Opinion

Clemons v. Wyoming Correctional Facility Medical

District Court, W.D. New York

Decided January 12, 2011No. 07-CV-6435LPublished

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, James E. Clemons (“Clemons”), commenced this action, pro se, against a physician and a nurse at the Wyoming Correctional Facility. Clemons claims that he was denied rights under the Eighth Amendment of the United States Constitution because he was subjected to cruel and unusual punishment based on the lack of medical care received by Clemons when he was incarcerated. Defendants have moved to dismiss on the grounds that plaintiff failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act (“PLRA”),…

2Cases cited6 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Porter v. NussleSupreme Court of the United States · 2002
  3. Chance v. ArmstrongCourt of Appeals for the Second Circuit · 1998
  4. Hathaway v. CoughlinCourt of Appeals for the Second Circuit · 1994
  5. Reyes v. GardenerCourt of Appeals for the Second Circuit · 2004

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