TORRES-VIERA v. LABOY-ALVARADO

No. 01-2712.

311 F.3d 105 (2002)

Victor TORRES-VIERA, Plaintiff, Appellant, v. Zoe LABOY-ALVARADO, Administrator of Correction of the Commonwealth of Puerto Rico; Alfredo Murphy-Rivera, Bayamón Regional Director for the Administration of Correction; Wilson Morales, Bayamón Regional Director of Security for the Administration of Correction; Carlos Rodriguez-Delgado, Complex Director of the Bayamón Correctional Complex; Porfirio Green-Santiago, Director of Security at the Bayamón Correctional Complex; Rafael Lopez-Cintron, Warden/Superintendent at the Bayamón Correctional Institution; Lieutenant Jose A. Rodriguez-De-Leon, Warden/Superintendent at the Bayamón Correctional Institution; Lieutenant Eliezer Santiago, Commander of the Guards at the Bayamón Correctional Institution; John Doe 01CV1361, Commander of the Disturbance Control Unit; Richard Roes 1 Through 4 01CV1361, Supervisors at the Bayamón Correctional Institution; William Woe 01CV1361, Correctional Officer and/or Cadet employed by the Administration of Correction, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 20, 2002.


Attorney(s) appearing for the Case

José R. Olmo-Rodríquez for the Appellant.

Roberto J. Sánchez Ramos, Solicitor General, with whom Vanessa Lugo Flores, Deputy Solicitor General, and Irene S. Sorceta-Kodesh, Assistant Solicitor General, were on brief for the Appellees.

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


LYNCH, Circuit Judge.

In March 2000, Victor Torres-Viera was incarcerated at the Bayamón Correctional Institution, in the Bayamón region of Puerto Rico. He suffered serious injury while there from being hit by a tear gas cannister fired by a prison official during a disturbance. One year later, after his release, Torres-Viera brought a 42 U.S.C. § 1983 (2000) claim for damages against prison officials, alleging violation of his rights under the Eighth...

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