UNDERWOOD v. BARRETT

No. 16-1725.

924 F.3d 19 (2019)

Valentine UNDERWOOD, Plaintiff, Appellee, v. Patrick BARRETT; Anthony Catalano; Jeffrey Clement; Brian Devlin; Michael McDonald; Anthony Falciano; Leo Marchand; Stuart McCulloch; William Shugrue, Defendants, Appellants, Douglas Bower; Correctional Officer Sweets, f/k/a John Doe (Sweets); Donald Denomme; Jeffrey Fisher; Michael Grant; Jack Haughey; Jason Lanpher; Abby Nelligan; James Nelson; Dinarte Rego; James J. Saba; Sean Smith; Luis S. Spencer, Defendants.

United States Court of Appeals, First Circuit.

May 17, 2019.


Attorney(s) appearing for the Case

Nancy Ankers White , Special Assistant Attorney General, and Charles W. Anderson Jr. , Sentencing Counsel, Department of Correction, on brief for appellants.

Valentine Underwood on brief pro se.

Before Torruella, Thompson, and Kayatta, Circuit Judges.


When plaintiff refused to exit a prison recreation cage to be brought to a new cell, prison officials used oleoresin capsicum ("pepper spray"), physical force, and handcuffs to secure his compliance with the officials' orders. Plaintiff subsequently brought this lawsuit under 42 U.S.C. § 1983, alleging the use of excessive force in violation...

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