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GIRON v. CORRECTIONS CORP. OF AMERICA

No. 98-2231.

191 F.3d 1281 (1999)

Tanya GIRON, Plaintiff-Appellant, v. CORRECTIONS CORPORATION OF AMERICA, a Delaware corporation; Thomas Newton, Warden; Danny Torrez, Corrections Officers in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 10, 1999.

Attorney(s) appearing for the Case

Paul J. Kennedy (Mary Y.C. Han and Kristin Morgan-Tracy with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellant.

Gail Gottlieb, Sutin, Thayer & Browne, Albuquerque, New Mexico, for Defendants-Appellees Corrections Corporation of America and Thomas Newton.

Mark S. Jaffee, Lassen, Jaffee & Stiff, Albuquerque, New Mexico, for Defendant-Appellee Danny Torrez.

Before EBEL, KELLY, and LUCERO, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

After the alleged rape of Plaintiff-Appellant Tanya Giron by Defendant-Appellee Danny Torrez, a corrections officer at the New Mexico Women's Correctional Facility ("NMWCF") where Ms. Giron was incarcerated, Ms. Giron brought the following claims in district court: (1) a 42 U.S.C. § 1983 claim against Mr. Torrez, alleging that the rape constituted excessive force in violation of her Eighth...

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