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VERDECIA v. ADAMS

No. 01-1130.

327 F.3d 1171 (2003)

Heriberto VERDECIA, Plaintiff-Appellee, v. Officer ADAMS, U.S.P., Florence, CO; D. Pruyne, Officer, U.S.P., Florence, CO; United States of America; Defendants, COLLADO, Lieutenant, U.S.P., Florence, CO; Mr. Felz, S.I.S., U.S.P., Florence, CO, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 29, 2003.

Attorney(s) appearing for the Case

John R. Mann of Kennedy & Christopher, Denver, CO (Frank R. Kennedy with him on the brief), for Defendants-Appellants.

Antony Mark Noble of Perkins Coie, Denver, CO (Eric R. Jonsen and Paula M. Ray of Jonsen & Ray, Broomfield, CO; Virginia M. Creighton, Denver, CO, on the brief), for Plaintiff-Appellee.

Before KELLY and O'BRIEN, Circuit Judges, and EAGAN, District Judge.

EAGAN, District Judge.

Heriberto Verdecia filed this action asserting claims against defendants Reuben Collado and Edward Felz, alleging that his rights under the Fifth, Eighth and Fourteenth Amendments were violated when the defendants, acting with deliberate indifference to a substantial risk of harm to plaintiff, placed him in a cell with gang members who assaulted him because of his Cuban nationality. The district court referred the defendants' motion for summary...

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