In the United States Court of Appeals FOR THE SECOND CIRCUIT

AUGUST TERM 2023 No. 22-978

JAMES E. MOORE, JR., AKA KEVIN THOMPSON, Plaintiff-Appellee,

v.

TROY BOOTH, Defendant-Appellant. *

On Appeal from the United States District Court for the Southern District of New York

ARGUED: JUNE 18, 2024 DECIDED: NOVEMBER 25, 2024

Before: LYNCH, CARNEY, and MENASHI, Circuit Judges.

In 2016, Plaintiff-Appellee James E. Moore, Jr.—also known as Kevin Thompson—brought an action under 42 U.S.C. § 1983 against Defendant-Appellant Troy Booth and four other corrections officers at Fishkill Correctional Facility. The five officers—represented by the * The Clerk of Court is directed to amend the caption as set forth above. New York State Attorney General—each filed an answer asserting the affirmative defense that Thompson failed to exhaust a