Is Heyliger permitted to plead not guilty to a charge of failure to exhaust his mental health treatment?

Heyliger contends, however, that his failure to exhaust should be excused under Hemphill v. New York, 380 F.3d 680 (2d Cir. 2004). We have recognized that an inmate's failure to exhaust administrative remedies may be excused where (1) administrative remedies were effectively not "available to the prisoner," (2) defendants are estopped from raising failure to exhaust as an affirmative defense because their "own actions inhibit[ed] the inmate's exhaustion," or (3) "special circumstances . . . justify the prisoner's failure" to exhaust. Hemphill v. New York, 380 F.3d at 686 (internal

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