COURT OF APPEALS FOR THE SECOND CIRCUIT
Gonzalez – Appellant
Versus
Hasty – Respondent
6 7 Esteban Gonzalez, 8 Plaintiff–Appellant,
9 v. 10 Dennis W. Hasty, James Sherman, Salvatore LoPresti, Ortiz, Inspector Barrere, 11 C.O. White, #8413, 12 Defendants–Appellees. 13 14 Before: SACK, LYNCH, and CHIN, Circuit Judges. 15 The plaintiff, Esteban Gonzalez, appeals from a July 22, 2013, judgment of 16 the United States District Court for the Eastern District of New York (Brian M. 17 Cogan, Judge) dismissing his First, Fifth, and Eighth Amendment claims brought 18 pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 19 U.S. 388 (1971), on the ground that he failed to institute his action within the time 20 limit set by the applicable three‐year statute of limitations. His claims arose in 21 connection with his confinement in the Special Housing Unit of the Metropolitan
The Clerk of Court is directed to amend the official caption to conform to the caption above. No. 13‐2844 Gonzalez v. Hasty
1 Correctional Center in Manhattan, and then the Special Housing Unit of the
2 Metropolitan Detention Center in Brooklyn, for an extended period of time,
3 allegedly without procedural protections, and in retaliation for protected speech.
4 We conclude that the district court correctly applied the three‐year statute of
5 limitations to Gonzalezʹs First Amendment claim, but that it erred in holding that
6 his Fifth and Eighth Amendment claims are time‐barred in their entirety.
7 We therefore AFFIRM in part, and VACATE and REMAND to the district
8 court in part for further proceedings.
9 AMEER BENNO, Benno & Associates, P.C., 10 New York, NY, (Michael A. Young, New 11 York, NY, on the brief), for Plaintiff– 12 Appellant. 13 RACHEL BALABAN, Assistant United 14 States Attorney (Varuni Nelson, Assistant 15 United States Attorney, on the brief), for 16 Kelly T. Currie, Acting United States 17 Attorney for the Eastern District of New 18 York, Brooklyn, NY, for Defendants– 19 Appellees Dennis W. Hasty, James Sherman, 20 Ortiz, Inspector Barrere, C.O. White, # 8413. 21 22 SACK, Circuit Judge: 23 This is an appeal from a July 22, 2013, judgment of the United States 24 District Court for the Eastern District of New York (Brian M. Cogan, Judge),
2 No. 13‐2844 Gonzalez v. Hasty
1 granting the defendantsʹ motion to dismiss1 plaintiff Esteban Gonzalezʹs First,
2 Fifth, and Eig
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