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SOSA v. MASSACHUSETTS DEPT. OF CORRECTION

No. 20-2051.

80 F.4th 15 (2023)

Che Blake SOSA, Plaintiff, Appellant, v. MASSACHUSETTS DEPARTMENT OF CORRECTION; Michael L. Rodrigues, former Superintendent, MCI Cedar Junction, in his official and individual capacities; Carol Higgins O'Brien, Commissioner of the Department of Corrections, in her official and individual capacities; Stephen Kennedy, former Deputy Superintendent of Operations, MCI-Cedar Junction, in his official and individual capacities; Vanessa Rattigan, MPCH Health Services Administration for MCI-Cedar Junction, in her official and individual capacities; Aysha Hameed, MPCH on-site Medical Director for MCI-Cedar Junction, in her official and individual capacities; Jennifer Vieira, former MPCH Nurse Practitioner for MCI-Cedar Junction, in her official and individual capacities; Ann Evans, MPCH Licensed Nurse for MCI-Cedar Junction, in her official and individual capacities; Joann Lynds, former Deputy Superintendent of Reentry and Americans with Disabilities Act Coordinator at MCI-Cedar Junction in her official and individual capacities; James M. O'Gara, Jr., Department of Correction ADA Coordinator for Inmates, in his official and individual capacities, Defendants, Appellees, James Saba, former Superintendent, MCI Cedar Junction, in his official and individual capacities; et al., Defendants.

United States Court of Appeals, First Circuit.

August 14, 2023.

Attorney(s) appearing for the Case

Jeffrey P. Wiesner , with whom Jennifer McKinnon and Wiesner McKinnon LLP were on brief, for appellant.

Margaret Melville , Senior Litigation Counsel, Massachusetts Department of Correction, with whom Nancy Ankers White , Special Assistant Attorney General, Massachusetts Attorney General's Office, was on brief, for appellees.

Before Barron, Chief Judge, Lipez and Howard, Circuit Judges.

Che Blake Sosa, an inmate in the custody of the Massachusetts Department of Correction ("DOC") who suffers from severe arthritis in his shoulder joints, appeals from a denial of preliminary injunctive relief. Initially, when restraining Sosa, the DOC used "rear cuffing" — handcuffing with his hands positioned behind...

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