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COURT OF APPEALS FOR THE FIRST CIRCUIT
Staples v. Gerry



          United States Court of Appeals
                     For the First Circuit


No. 18-1727

                         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.


          APPEAL FROM THE UNITED STATES DISTRICT COURT
                FOR THE DISTRICT OF NEW HAMPSHIRE

          [Hon. Paul J. Barbadoro, U.S. District Judge]


                             Before

                  Lynch, Thompson, and Barron,
                         Circuit Judges.


     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.



                         April 24, 2019
             BARRON,   Circuit   Judge.    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 a pillar, allegedly causing him

to hit his head on it, in violation of the Eighth A

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