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ALSINA-ORTIZ v. LABOY

No. 03-2611.

400 F.3d 77 (2005)

María ALSINA-ORTIZ; The Estate of Orlando Ocasio-Alsina, (composed of María Alsina-Ocasio) Plaintiffs, Appellants, v. Zoé LABOY; Conjugal Partnership Ochoa-Laboy; Sixto Marrero; Cándida Rosa Ortiz-Zayas, a/k/a Jane Doe 98CV1893; Conjugal Partnership Doe-Guzmán; Emilio Castillo; Mercedes Rosado, a/k/a Mary Doe; 98CV1893; Conjugal Partnership Castillo Rosado; Ileana Torres-Mojica; Joe Doe 98CV1893; Conjugal Partnership Doe-Torres; Conjugal Partnership Torres-Méndez; Clark Doe 98CV1893; Conjugal Partnership Melecio-Ayala, a/k/a Conjugal Partnership Melecio-Doe; Jake Doe 98CV1893, Defendants, Appellees. Delfos Ochoa, a/k/a John Doe 98CV1893; Elliot Melecio-Vega; Amarilis Ayala-Martínez, wife of Dr. Elliot Melecio-Vega; Ernesto Torres-Arroyo; Olga I. Mendez-Flores, a/k/a Nancy Doe 98CV1893; Aida Guzmán; Ileana Torres-Mojica, Defendants.

United States Court of Appeals, First Circuit.

Decided March 9, 2005.

Attorney(s) appearing for the Case

Glenn Carl James-Hernandez with whom James Law Offices was on brief for appellants.

Irene S. Soroeta-Kodesh, Assistant Solicitor General, Department of Justice, Office of the Solicitor General, with whom Roberto J. Sanchez-Ramos, Solicitor General, and Kenneth Pamias-Velazquez, Deputy Solicitor General, were on brief for appellees Zoe Laboy, Sixto Marrero and Emilio Castillo.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CARTER, District Judge.

BOUDIN, Chief Judge.

This case arises out of the death in prison of Orlando Ocasio Alsina ("Ocasio") and the subsequent suit of his mother and heir, María Alsina Ortiz ("Alsina"), against various Puerto Rico prison officials.

On November 8, 1997, Ocasio — then an inmate at the Bayamon prison in Puerto Rico — was injured by a blow to the head in a prison riot. He received medical attention at a regional hospital but was left with head pain...

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