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RYAN ROBLES v. OTERO de RAMOS

Civ. No. 86-1841 HL.

729 F.Supp. 920 (1989)

Rafael Angel RYAN ROBLES, Plaintiff, v. Mercedes OTERO de RAMOS, et al., Defendants.

United States District Court, D. Puerto Rico.

November 9, 1989.

Attorney(s) appearing for the Case

Francisco M. Dolz Sánchez, E.L. Belén Trujillo, Old San Juan, P.R., for plaintiff.

John F. Nevares, Dept. of Justice, San Juan, P.R., Teresita Rivera Alonso, Juan Rafael González Muñoz, Fed. Litigation Div., Dept. of Justice, San Juan, P.R., for defendants.

OPINION AND ORDER

LAFFITTE, District Judge.

The issue presented in this section 1983 claim is whether a penal guard could have reasonably believed it was lawful to shoot at an escapee from prison after the inmate tried to attack the guard with a spear, when the guard had attempted to physically prevent the escape, had ordered the prisoner to halt, and had fired a warning shot in the air prior to shooting at the escaping prisoner.

This action arose...

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