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CHAO v. BALLISTA

C.A. No. 07cv10934-NG.

630 F.Supp.2d 170 (2009)

Christina CHAO, Plaintiff, v. Moises BALLISTA, et al., Defendants.

United States District Court, D. Massachusetts.

July 1, 2009.

Attorney(s) appearing for the Case

Thomas J. Butters, Matthew D. Thompson, Butters Brazilian LLP, Stephen G. Dietrick, MA Department of Correction, Boston, MA, for Defendants.

George L. Garfinkle, Attorney at Law, Brookline, MA, Benjamin B. Weisbuch, Law Office of Benjamin Weisbuch, Newton, MA, for Plaintiff.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

GERTNER, District Judge:

I. INTRODUCTION

Plaintiff Christina Chao ("Chao") alleges that, as an inmate at South Middlesex Correctional Center ("SMCC"), she had 50 to 100 sexual encounters with Defendant Moises Ballista ("Ballista"), who was a guard at the prison, and that supervisory officials failed to protect her from what amounted to sexual abuse. The law presumes that a prisoner...

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