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CALDERON-ORTIZ v. LABOY-ALVARADO

No. 01-2469.

300 F.3d 60 (2002)

Jesús Manuel CALDERÓN-ORTIZ; Alfredo Calderón; Maria Isabel Ortíz, Plaintiffs, Appellants, v. Zoe LABOY-ALVARADO; Johnny Heredia-Caloca; Héctor Fontanéz, Captain; Gladys Rivera; Luis Aponte; Carlos Rodríguez-Delgado; Amaury Pérez; Wilson Morales; Leocadio Hernández; Gretchen Groe, OOCV2100; George Goe, OOCV2100, Lieutenant and Supervisor at the Baymón Regional Metropolitan Detention Center, James Joe, 00CV2100; Richard Rosado; Kirk Koe, OOCV2100; Néstor Noe, 00CV2100; Peter Poe, 00CV2100; Timothy Toe, 00CV2100; Marcos Moe, 00CV2100; Samuel Soe, 00CV2100; Lyle Loe, 00CV2100, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 20, 2002.

Attorney(s) appearing for the Case

José R. Olmo-Rodríguez for appellants.

Camelia Fernández-Romeu, Assistant Solicitor General, with whom Roberto J. Sánchez-Ramos, Solicitor General, and Vanessa Lugo-Flores, Deputy Solicitor General, were on brief for appellees.

Before LIPEZ, Circuit Judge, CAMPBELL and BOWNES, Senior Circuit Judges.

BOWNES, Senior Circuit Judge.

Plaintiff-appellants Jesús Manuel Calderón-Ortiz (Calderón) and his parents brought this 42 U.S.C. § 1983 action against various defendant-appellants at the Bayamon Regional Metropolitan Detention Center, for damages arising out of an episode of sodomy1 Calderón suffered while he was a pre-trial detainee at the facility. The district court granted defendants' motion to dismiss for...

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