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SANTANA-ROSA v. U.S.

No. 02-2512.

335 F.3d 39 (2003)

Domingo SANTANA-ROSA, Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 9, 2003.

Attorney(s) appearing for the Case

Jose M. Rocafort-Bustelo, with whom Peter Calderon Melendez was on brief for appellant.

Fidel A. Sevillano-Del Rio, Assistant U.S. Attorney, with whom H.S. Garcia, United States Attorney, and Miguel A. Fernandez, Assistant U.S. Attorney, were on brief for the United States.

Before SELYA, Circuit Judge, LIPEZ, Circuit Judge and PONSOR, District Judge.

PONSOR, District Judge.

I. Introduction

Appellant Domingo Santana Rosa ("Santana Rosa"), a prisoner in the custody of the Bureau of Prisons ("BOP") at the Metropolitan Detention Center ("MDC") in Guaynabo, Puerto Rico, was attacked and badly injured by another inmate wielding a tool referred to as a "sweeping brush." He brought suit against the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671 et seq., anchoring...

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