Legal Opinion
Abernathy v. Dewey
District Court, D. Massachusetts
Decided September 28, 2017No. Civil Action No. 15-10431-FDSPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO AMEND
SAYLOR, J., United States District Judge
This is a civil rights action arising out of an alleged attack on a prisoner by correctional officers at Souza Baranowski Correctional Center. Plaintiff Franklin Abernathy has brought claims under 42 U.S.C. § 1983, Mass. Gen. Laws ch. 12, § 111, and state tort law.
The third amended complaint alleges that several correctional officers aggressively pulled and twisted Abernathy’s arms through a slot in his cell door, causing severe injuries, and that other officers either failed to intervene or attempted…
2Cases cited39 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erickson v. PardusSupreme Court of the United States · 2007
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
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3Cited by7 opinions
- Salmon v. LangCourt of Appeals for the First Circuit · 2022
- Estate of Malkin v. Wells Fargo Bank, N.A.District Court, S.D. Florida · 2019
- Roman-Montañez v. Torres-MendezUnited States District Court · 2018
- Britto v. UMass Correctional Health CareDistrict Court, D. Massachusetts · 2018
- Integrated Communications & Technologies, Inc. v. Hewlett-Packard Financial Services CompanyDistrict Court, D. Massachusetts · 2021
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