Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Hernandez v. Coffey

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued: April 8, 2009

Before: JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.

José Hernández, an inmate at Clinton Correctional Facility, appeals from the grant of summary judgment by the United States District Court for the Southern District of New York (Pauley, J.), dismissing Hernández’s suit under 42 U.S.C. § 1983, which alleged that he was beaten by defendant corrections officers and denied medical treatment by defendant nurse. Hernández, who is represented by counsel on this appeal, presented his case pro se (without an attorney acting on his behalf) in the district court. The court granted summary judgment on the ground that Hernández had not exhausted administrative remedies as required by 42 U.S.C. § 1997e(a), because he did not prosecute a grievance through all three stages of the Inmate Grievance Procedure (“IGP”) provided by the New York State Department of Correctional Services (“DOCS”). Hernández claims that the IGP was not available to him because, when he filed a grievance at the first stage of the IGP, he received no response and his grievance was not assigned a grievance number. He also argues that, if he did fail to exhaust his administrative remedies, the failure was justified because he reasonably believed at the time that exhaustion was not required. Finally, Hernández argues that, because he was acting pro se at the time, the district court committed error in converting the defendants’ motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) to a motion for summary judgment and dismissing his case without first explaining the procedural requirements for responding to such a motion and the potential consequences of the motion, and without providing him an opportunity to take discovery and to submit evidence to respond to the motion. We agree with the last contention. We therefore vacate the dismissal of the suit and remand for further proceedings.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements