Gonzalez v. Hasty, No. 13-2844 (2d Cir. 2015)
Annotate this CasePlaintiff appealed from the district court's dismissal of his claims stemming from his confinement in the Special Housing Unit of the Metropolitan Correctional Center in Manhattan, and then the Special Housing Unit of the Metropolitan Detention Center in Brooklyn, for an extended period of time, allegedly without procedural protections, and in retaliation for protected speech. The district court concluded that plaintiff failed to file his complaint within the three‐year statute of limitations applicable to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics claims. In this case, plaintiff's claim as he has pled it, assuming it otherwise is viable, accrued only after the defendants had confined him in the SHU for some threshold period of time. Therefore, the court concluded that the continuing violation doctrine does apply to plaintiffʹs Eighth Amendment claim, but that it does not apply to his First or Fifth Amendment claims. Further, certain aspects of his Fifth Amendment claim may be timely. Accordingly, the court affirmed in part. vacated in part, and remanded in part for further proceedings.
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