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United States First Circuit


Acosta v. US Marshals Serv., 05-1733

Dismissal of a 42 U.S.C. 1983 suit by a prisoner alleging insufficient health care is affirmed where: 1) the prisoner failed to exhaust administrative remedies; 2) complaints against facilities and doctors alleged only negligence and not constitutional violation; and 3) state claims were properly dismissed upon failure of federal claims.

Appellate Information

  • Decided 04/19/2006
  • Published 04/19/2006

Judges

  • BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Alan Joel Finkel, for appellant.

  • For Appellees:
  • T. David Plourde, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on brief for appellees.
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