United States First Circuit

In plaintiff's suit against a first-year medical resident claiming that she was sexually assaulted during an examination, judgment in favor of the defendant is affirmed where: 1) the district court's evidentiary rulings were not error; and 2) the jury was correctly instructed on the shocks-the-conscious element as this standard applies to claims that an executive official's sexual assault violated the substantive due process clause.

Appellate Information

• Decided 06/17/2010
• Published 06/17/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Hector E. Pineiro, with whom Lizabel M. Negrn-Vargas, Robert A. Scott, and Law Office of Hector Pineiro were on brief, for appellant.


• For Appellees:
  
• Kenneth R. Kohlberg, with whom McCarthy, Bouley & Barry, PC was on brief, for appellee.