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Sanchez v. Pereira-Castillo, No. 08-1748

By FindLaw Staff on December 28, 2009 8:37 AM

In plaintiff's 42 U.S.C section 1983 claim against a group of correctional officers and others claiming that, while a prisoner at a Puerto Rico correctional facility, officers subjected him to an escalating series of searches of his abdominal cavity that culminated in a forced exploratory abdominal surgery, dismissal of the complaint is vacated and remanded as to plaintiff's Fourth Amendment claims against two correctional officers and the doctor who performed the surgery, as the allegations in the complaint are sufficient to allow a jury to draw the reasonable inference that each defendant is liable for the misconduct alleged.     

Read Sanchez v. Pereira-Castillo, No. 08-1748

Appellate Information

Appeal from the United States District Court for the District of Puerto Rico

Decided December 23, 2009

Judges

Before:  Torruella, Leval, and Lipez, Circuit Judges

Opinion by Lipez, Circuit Judge

Counsel

For Appellant:    Guillermo Ramos-Luiña

For Appellee:     Rosa E. Pérez-Agosto, Maite D. Oronoz-Rodríguez, Acting Solicitor General, Ileana Oliver-Falero, Acting Deputy Solicitor General, and Leticia Casalduc-Rabell, Assistant Solicitor General

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