United States First Circuit

In plaintiff's civil rights suit against a county, county sheriff department, and various individuals, claiming that he was beaten by correctional officer until he sustained a lasting brain injury, while held in a county jail over a weekend for disorderly conduct, district court's entry of summary judgment in favor of the defendants is affirmed where: 1) district court's preclusion of plaintiff's two affidavits fell within the parameters of the district court's discretion for failure to comply with Rule 26 disclosure requirements and plaintiff's justification for the late disclosure is nonexistent; and 2) the district court was correct that no reasonable jury could return a verdict in plaintiff's favor as the record does not support his hypothesis that the defendants inflicted a constitutional injury as plaintiff conceded at deposition that he had no memory of being beaten by anyone at anytime relevant to this case.

Appellate Information

• Decided 12/06/2010
• Published 12/06/2010

Judges

• HOWARD

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Dale F. Thistle, Peter T. Marchesi