STAPLES v. GERRY

No. 18-1727.

923 F.3d 7 (2019)

Frank STAPLES, Plaintiff, Appellant, v. Richard GERRY, Warden, New Hampshire State Prison, Defendant, in both his individual and official capacities, William Wrenn, Commissioner of the New Hampshire Department of Corrections, Defendant, in both his individual and official capacities, Jeffrey Brown, New Hampshire Parole Board, Defendant, in both his individual and official capacities, Donna Sytek, New Hampshire Parole Board, Defendant, in both her individual and official capacities, Mark Furlone, New Hampshire Parole Board, Defendant, in both his individual and official capacities, James Daly, Chaplain of the New Hampshire State Prison, Defendant, in both his individual and official capacities, Kim Lacasse, Director of classifications at the New Hampshire State Prison, Defendant, in both her individual and official capacities, Joseph Michaud, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Ronald Gagliardi, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Jon Fouts, Head of Security at New Hampshire State Prison, Defendant, in both his individual and official capacities, Christopher Kench, Correctional Officer at the N.H. State Prison, Defendant, in both his individual and official capacities, Leo Deusault, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Paul Cascio, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Marc Miller, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Michael Edmark, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Scott Marshall, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Joseph Diament, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Marc Theriault, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities, Paul Courchesne, Correctional Officer at the New Hampshire State Prison, in both his individual and official Defendant, in both his individual and official capacities, Robert Parent, Correctional Officer at the New Hampshire State Prison, Defendant, in both his individual and official capacities. Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 24, 2019.


Attorney(s) appearing for the Case

Donna J. Brown , with whom Wadleigh, Starr & Peters, P.L.L.C., was on brief, for appellant.

Francis C. Fredericks , Senior Assistant Attorney General, with whom Gordon J. MacDonald , Attorney General, was on brief, for appellees.

Before Lynch, Thompson, and Barron, Circuit Judges.


This appeal concerns three claims that a New Hampshire State Prison ("NHSP") inmate brought against two of the prison's officers in a lawsuit under 42 U.S.C. § 1983 alleging violations of his federal constitutional rights. The inmate alleges in the first of these claims that, in 2013, one of the officers pushed him against...

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