CABRAL v. U.S. DEPT. OF JUSTICE

Nos. 07-1633, 07-1640.

587 F.3d 13 (2009)

Andrea J. CABRAL, Suffolk County Sheriff's Department; Suffolk County, Plaintiffs, Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant, Appellee. John Porter, Sr., as Personal Representative of the Estate of Sheila Porter, Plaintiff, Appellee, v. Andrea J. Cabral, Suffolk County Sheriff's Department; Suffolk County, Defendants, Appellants. Correctional Medical Services, Inc., Defendant.

United States Court of Appeals, First Circuit.

Decided November 12, 2009.


Attorney(s) appearing for the Case

Ellen M. Caulo, Deputy General Counsel, for appellants.

Lowell V. Sturgill, Jr., Attorney, Appellate Staff, Civil Division, with whom Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, and Michael S. Raab, Attorney, was on brief for appellee U.S. Department of Justice.

Joseph F. Savage, Jr., with whom James Sweet and Goodwin Procter LLP, was on brief for appellee John Porter, Sr.

Before TORRUELLA, SELYA, and DYK, Circuit Judges.


TORRUELLA, Circuit Judge.

This is a consolidated opinion addressing two related appeals. Each appeal arises from Andrea J. Cabral ("Cabral"), the sheriff of Suffolk County, Massachusetts, barring Sheila J. Porter ("Porter"), then a nurse practitioner working as a contractor, from the Suffolk County House of Correction ("the HOC") on June 10, 2003.1

In Porter v. Cabral ("the underlying case"), Porter brought suit against...

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