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ROBERTS v. BARRERAS

No. 05-2373.

484 F.3d 1236 (2007)

Ethan Erwin ROBERTS, Plaintiff-Appellant, v. Lawrence BARRERAS, Senior Director, Cornell Correctional Institution/Santa Fe County Detention Center; Wilfred Romero, Assistant Director, Cornell Correctional Institution/SFCDC; Romero, Security Chief, Cornell Correctional Institution/SFCDC; Hickman, Supervisor, Cornell Correctional Institution/SFCDC; Caroline Kingston, Health Services/Correctional Medical Services, Inc./SFCDC; Donna Deming, Health Services/Correctional Medical Services, Inc./SFCDC; Stoller, Health Services/Correctional Medical Services, Inc./SFCDC; Erin Fire, P.A.C., Health Services/Correctional Medical Services, Inc./SFCDC; Robynn Bell, Administrator, Health Services/Correctional Medical Services, Inc./SFCDC; Desormeaux, Administrator, Health Services/Correctional Medical Services, Inc./SFCDC; Anne Hall, Quality Assurance, Health Services/Correctional Medical Services, Inc./SFCDC; Rick Ploof, Deputy U.S. Marshal, Operations Supervisor, U.S. Marshal Service; Santa Fe County, Cornell Corrections, Inc., Correctional Medical Services Inc.; John/Jane Does, unknown at time of filing of this complaint and having a nexus to the damages of the plaintiff; all parties listed above are sued in their individual capacities and/or official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 16, 2007.

Attorney(s) appearing for the Case

Ethan Erwin Roberts, pro se.

Patrick D. Allen and April D. White, Yenson, Lynn, Allen & Wosick, P.C., Albuquerque, NM, for Defendants-Appellees Cornell Corrections, Inc., Santa Fe County, Lawrence Barreras, and Major Romero. Deborah D. Wells, Kennedy, Moulton & Wells, P.C., Albuquerque, NM, for Defendant-Appellee CMS. James R. Wood, Miller Stratvert P.A., Albuquerque, NM, for Defendant-Appellee Donna Deming.

Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Ethan Erwin Roberts, a federal corrections inmate, filed a claim in the District of New Mexico on June 9, 2003, pursuant to Bivens v. Six Unknown Agents of the Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). He alleges that while under the care of the defendants, employees of a private prison in New Mexico, he was exposed to harmful...

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