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KIMAN v. NEW HAMPSHIRE DEPT. OF CORRECTIONS

No. 02-1099.

301 F.3d 13 (2002)

Matthew KIMAN, Plaintiff, Appellant, and United States, Intervenor, v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 20, 2002.

Attorney(s) appearing for the Case

Nancy S. Tierney for appellant.

Kevin K. Russell, Attorney, Department of Justice, with Ralph F. Boyd Jr., Assistant Attorney General, and Jessica Dunsay Silver and Seth M. Galanter, Attorneys, on brief, for intervenor United States.

Andrew B. Livernois, Assistant Attorney General, with whom Philip T. McLaughlin, Attorney General, was on brief for appellees.

Before TORRUELLA, LYNCH, and LIPEZ, Circuit Judges.

LYNCH, Circuit Judge.

This difficult case involves subtle questions of doctrine and important principles of sovereignty and federalism. It centers on allegations of a series of actions by corrections officers employed by the state of New Hampshire, which, if they occurred and were not adequately justified, violated the constitutional and statutory rights of Matthew Kiman. Kiman is a former prisoner of the state who suffers...

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