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Drug Conspiracy Case, Plus an Ex-Inmate's Section 1983 Suit

By FindLaw Staff on May 14, 2010 | Last updated on March 21, 2019

In Braga v. Hodgson, No. 08-2331, the First Circuit faced a challenge to the district court's grant of defendant's motion for summary judgment in a former inmate's 42 U.S.C. section 1983 suit against the county sheriff, alleging that the sheriff's negligent maintenance of the correctional facility caused him physical injuries and that the sheriff intentionally or with deliberate indifference denied plaintiff proper medical care.  In affirming the district court's grant of summary judgment on plaintiff's negligence and section 1983 claims, the court also held that the district court did not abuse its discretion in its entry of a protective order preventing plaintiff from deposing the sheriff.     

US v. Rosado-Perez, No. 08-1900, concerned a challenge to the convictions of four defendants, including a corrupt police officer, for their roles in a conspiracy to distribute cocaine, crack cocaine, and marijuana.  In addressing the arguments by three of the four defendants, the court affirmed their convictions as the evidence was sufficient and a government agent witness did not give improper overview testimony.  In addressing the fourth defendant's defendant's claims that he did not understand the terms of his plea, and that the district court did not ascertain that a sufficient factual basis supported his plea, the court rejected both claims as without merit.

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