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Failure to Exhaust Requires Hearing Before Dismissal

Loaded on Feb. 15, 2001 published in Prison Legal News February, 2001, page 30
Filed under: Administrative Exhaustion (PLRA), Mental Health, Involuntary Treatment/Drugging. Location: New York.
The court of appeals for the Second Circuit held that a prisoner's failure to exhaust administrative remedies was not grounds for dismissal for failure to state a claim. The court also held that pro se prisoner litigants must be given an opportunity to contest dismissals for failing to exhaust administrative …

 

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