United States First Circuit

Summary judgment for prisoner-defendants in a civil rights claim under 42 U.S.C. section 1983 is affirmed where defendant's segregation for 40 days following his involvement in a fatal prison fight did not violate due process and his other grievances did not amount an Eighth Amendment violation.

Appellate Information

• Decided 11/23/2005
• Published 11/28/2005

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael J. Sheehan, for appellant.


• For Appellees:
  
• Nancy J. Smith, Senior Assistant Attorney General, Civil Bureau, with whom Kelly A. Ayotte, Attorney General, was on brief for appellees Michael J. Cunningham, Arthur Locke, John Kovacs, Timothy Kenney, Sean McLeod, Neil Smith, Scott Dodge and Raymond Guimond.