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Julian v. Gonzalez-Rosario, 08-2458

By FindLaw Staff on December 16, 2010 | Last updated on March 21, 2019

Inmate's civil rights suit

Julian v. Gonzalez-Rosario, 08-2458, concerned a challenge to the district court's dismissal of an inmate's federal civil rights suit on res judicata grounds, in the inmate's civil rights suit against various corrections officers, claiming they used excessive force against him.


The court first held the case remanded for the district court to consider whether the inmate failed to exhaust all administrative remedies available to him before initiating his federal action.  The court then went onto affirm the district court's dismissal of the official-capacity claim as to the February 28, 2004 incident against all defendants, as well as the district court's dismissal of the personal-capacity claim against those defendants already named as personal-capacity defendants in the state case is affirmed.  However, as to the personal-capacity claims against those defendants whose party status in the state case remains unclear, the dismissal is reversed and remanded.  Lastly, as to the claims concerning the events of August 18, 2004, and March 2, 2005, the dismissal is reversed and remanded so that the district court may, depending on the resolution of the exhaustion issue, consider whether Puerto Rico law would preclude claims arising out of post-complaint events that could have been but were not incorporated into the state case through an amended complaint.

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