MARTÍNEZ v. CUI

No. 09-1471.

608 F.3d 54 (2010)

Eridania MARTÍNEZ, Plaintiff, Appellant, v. Hongyi CUI, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 17, 2010.


Attorney(s) appearing for the Case

Hector E. Pineiro, with whom Lizabel M. Negrn-Vargas, Robert A. Scott, and Law Office of Hector Pineiro were on brief, for appellant.

Kenneth R. Kohlberg, with whom McCarthy, Bouley & Barry, PC was on brief, for appellee.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.


LYNCH, Chief Judge.

Eridiana Martínez brought federal and state claims alleging that Dr. Hongyi Cui, a first-year medical resident, sexually assaulted her by digital rape during an examination when she was an emergency-room patient at the UMass Memorial Medical Center. A jury, after trial, rejected her claims.

On appeal, Martínez alleges there was error in the district court's evidentiary rulings and jury instructions. The evidence claim raises the...

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