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GRIFFIN v. PENN

No. 27,786.

213 P.3d 514 (2009)

2009-NMCA-066

Matthew James GRIFFIN, Plaintiff-Appellant, v. Sandra PENN, Defendant-Appellee.

Court of Appeals of New Mexico.

June 10, 2009.

Attorney(s) appearing for the Case

Matthew James Griffin, Tehachapi, CA, Pro Se.

Appellant

Hatch, Allen & Shepherd, P.A., E.W. Shepherd, Amy M. Cardwell, Albuquerque, NM, for Appellee.

OPINION

VANZI, Judge.

{1} Plaintiff, a prisoner pro se, brought excessive force and inadequate medical care claims against Defendant prison medical director. Defendant moved for summary judgment arguing that she was not liable under 42 U.S.C. § 1983 (1986) for violating Plaintiff's rights under the Eighth Amendment to the United States Constitution. The district court granted Defendant's motion for summary judgment, and Plaintiff appealed...

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