Hubbs v. Suffolk Cnty. Sheriff's Dept., No. 14-2472 (2d Cir. 2015)
Annotate this CasePlaintiff filed suit against the Sheriff's Department and others, alleging that he was severely beaten by deputy sheriffs while being detained in a holding cell. The district court granted summary judgment to defendants based on failure to exhaust administrative remedies. The court vacated the district court's judgment, remanding for further proceedings because failure to exhaust under the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a), is an affirmative defense, and because the evidence adduced by defendants - principally in the form of a conclusory affidavit - does not suffice to establish the defense as a matter of law. The court need not consider plaintiff's remaining arguments.
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