In a prisoner civil rights action brought under 42 U.S.C. 1983, summary judgment for defendant is vacated and remanded where: 1) plaintiff's appeal of the administrative hearing was sufficient to exhaust all available administrative remedies as required by the PLRA; and 2) there is a dispute of fact as to the conditions of plaintiff's confinement to administrative segregation, and the factual record is not fully developed as to the actual conditions of his confinement in comparison to ordinary prison conditions.
Appeal from the United States District Court for the Western District of New York.
Argued: June 23, 2009
Decided: August 7, 2009
Before PARKER and WESLEY, Circuit Judges, CEDARBAUM, District Judge.
Per Curium Opinion.
For Defendant: MARTIN A. HOTVET, Assistant Solicitor General, Albany, NY.