Gonzalez v. Hasty, et al., No. 07-1787 (2d Cir. 2011)
Annotate this CaseDefendant appealed from the judgment of the district court granting defendants' motion to dismiss his claims brought pursuant to 42 U.S.C. 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. At issue was whether the district court erred in finding that the statute of limitations had run on the first of his two causes of action and in dismissing his second cause of action for improper venue. The court vacated and remanded on the grounds that claims brought by an inmate under the Prison Litigation Reform Act ("PLRA"), 32 U.S.C. 1997e(a), were entitled to equitable tolling during the time-period the inmate was exhausting his administrative remedies, as required by the PLRA. The court also vacated the judgment insofar as it dismissed some of defendants' claims for improper venue and remanded with instructions that the court transfer those claims to the Eastern District of New York if the court deemed it proper to do so upon reexamination of defendants' claims.
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