Legal Opinion
Jose Ortiz v. D. McBride Sgt. & R.O. Mara, Counselor of Arthur Kill Correctional Facility
Court of Appeals for the Second Circuit
Decided August 18, 2004No. 02-0088PublishedCited by 213 opinions
1Opinion of the Court
SACK, Circuit Judge.
In this appeal, we consider whether the exhaustion provision of the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a), requires a federal district court to dismiss in its entirety a prisoner’s complaint brought pursuant to 42 U.S.C. § 1983 with respect to the conditions of his or her incarceration if the complaint contains any claim that has not been administratively exhausted within the prison system. Based on an examination of the text of section 1997e and the policies underlying the PLRA, we conclude that such complete dismissal is not required.
This appeal…
2Cases cited38 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Sandin v. ConnerSupreme Court of the United States · 1995
- Rose v. LundySupreme Court of the United States · 1982
- Porter v. NussleSupreme Court of the United States · 2002
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3Cited by213 opinions
- Jones v. BockSupreme Court of the United States · 2007
- Lira v. HerreraCourt of Appeals for the Ninth Circuit · 2005
- William Cannon, Jr. v. Odie Washington, Director, Ronald Haws, Rodney L. TallyCourt of Appeals for the Seventh Circuit · 2005
- Shakur v. SelskyCourt of Appeals for the Second Circuit · 2004
- Harris v. City of New YorkCourt of Appeals for the Second Circuit · 2010
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