CRUZ BERRíOS v. GONZÁLEZ-ROSARIO

No. 08-2458.

630 F.3d 7 (2010)

Jose Julian CRUZ BERRÍOS, Plaintiff, Appellant, v. Carlos GONZÁLEZ-ROSARIO, William Class-Quirós, Rafael Oliver Baez, Miguel Ortiz-Marrero, Enil Montalvo-Morales, Santos Jiménez-Colón, Erick García-Santos, Eddie M. Cruz-Santiago, Sergeant Uzziel Ruiz-Ledeé, Sergeant Reinaldo Surén, Sergeant Osvaldo Rivera-Domínguez, Fnu O'Farrill, Jamie López, Jorge Silvestrini, Jorge Rodríguez, Miguel Pereira and Wilmer Sepúlveda, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 16, 2010.


Attorney(s) appearing for the Case

Victor J. Quinones , Edgardo Cartagena , Ramon E. Dapena and Usera Morell Bauza Dapena & Cartagena, LLP, on brief for appellant.

Irene S. Soroeta-Kodesh , Solicitor General, Leticia Casalduc-Rabell , Deputy Solicitor General, Zaira Z. Girón-Anadón , Deputy Solicitor General, and Michelle Camacho-Nieves , Assistant Solicitor General, Department of Justice, on brief for appellees.

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


HOWARD, Circuit Judge.

José Julian Cruz-Berríos, an inmate currently serving a sentence under the jurisdiction of the Puerto Rico Department of Corrections, brought a federal civil rights action against various corrections officers whom he alleges exerted excessive force against him. The district court dismissed the action after determining that it was precluded as res judicata by his previous, unsuccessful state suit based on similar alleged conduct.

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