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The 2nd U.S. Circuit Court of Appeals has cautioned judges to carefully examine whether prisoners have failed to exhaust administrative remedies before filing federal lawsuits. Prisoners must have "notice and opportunity to respond" to a possible dismissal, the court said in deciding that a federal civil rights case was improperly dismissed without a hearing because a prisoner wrote on a hospital form that he had not pursued an administrative grievance.
December 15, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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