Court of Appeals for the Second Circuit April 10, 2013, Docket 11-1287-pr (J.S. v. T'Kach)

*107HALL, Circuit Judge,

concurring in the judgment, with whom PARKER, Circuit Judge, joins:

I agree that JS has alleged facts on which he could plead a Fifth Amendment claim related to his SHU confinement and that the district court erred when it dismissed the claim sua sponte.