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SERNA v. COLORADO DEPT. OF CORRECTIONS

No. 04-1241.

455 F.3d 1146 (2006)

Floyd SERNA, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF CORRECTIONS; Juanita Novak, Warden, in her official and individual capacity, Donna Guyett, Nurse, Dr. Gul, and John/Jane Does, Defendants, and Gerald Gasko, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 26, 2006.

Attorney(s) appearing for the Case

Edward T. Farry, Jr., Farry and Rector, L.L.P., Colorado Springs, CO, for Defendant-Appellant.

Elisa Moran (John Mosby, Denver, Colorado, with her on the brief) Denver, CO, for Plaintiff-Appellee.

Before HARTZ, BRORBY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

A prison special operations team forcibly removed Plaintiff-Appellee Floyd Serna from his cell based on reports that a prisoner, possibly his cell mate, had a loaded gun. Claiming he was injured during the incident due to excessive force, Serna filed a civil rights suit under 42 U.S.C. § 1983. He sued a number of correctional officials, including: (1) unidentified members of the prison special operations team; (2) the nurse and physician...

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