United States First Circuit

In plaintiff's 42 U.S.C section 1983 claim against a group of correctional officers and others claiming that, while a prisoner at a Puerto Rico correctional facility, officers subjected him to an escalating series of searches of his abdominal cavity that culminated in a forced exploratory abdominal surgery, dismissal of the complaint is vacated and remanded as to plaintiff's Fourth Amendment claims against two correctional officers and the doctor who performed the surgery, as the allegations in the complaint are sufficient to allow a jury to draw the reasonable inference that each defendant is liable for the misconduct alleged.

Appellate Information

• Decided 12/23/2009
• Published 12/23/2009

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LEVAL, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Guillermo Ramos-Luiña, for appellant.


• For Appellees:
  
• Rosa E. Pérez-Agosto, with whom Maite D. Oronoz-Rodríguez, Acting Solicitor General, Ileana Oliver-Falero, Acting Deputy Solicitor General, and Leticia Casalduc-Rabell, Assistant Solicitor General, were on brief, for appellees Pereira-Castillo, et al., Julio Nigaglioni, with whom Jennifer López Negrón was on brief, for appellee Sandra I. Deniz.