United States First Circuit

In a class action brought against correctional officers alleging violation of inmates' state and federal constitutional rights and common law assault and battery, denial of class status and judgment for the one remaining defendant are affirmed where: 1) the remaining plaintiff agreed to proceed against only one defendant, precluding a review of the district court's decision to restrict the suit to that defendant; 2) the district court did not abuse its discretion by foregoing potentially confusing jury instructions and information regarding the procedural history of the case that was not probative of the underlying factual dispute; and 3) any error in the exclusion of an expert report on conditions and training at the prison was harmless.

Appellate Information

• Decided 05/08/2007
• Published 05/08/2007

Judges

• TASHIMA, Senior Circuit Judge., Before LIPEZ Judge, TASHIMA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Theodore H. Goguen, with whom Joseph M. Mahaney and Goguen, McLaughlin, Richards & Mahaney, LLP, were on brief for appellant.


• For Appellees:
  
• Maria F. Romero for appellees.