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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