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Inmate Claims Guard Sought Revenge

October 15, 1998

BOSTON (AP) _ A man convicted in a 1991 street shooting says the victim went on to become a prison guard and tormented him behind bars.

So inmate Zeferino DePina sued the guard, Filipe Monteiro, the state Correction Department and 17 other prison employees, claiming they did nothing to stop the harassment from a man bent on revenge.

The federal lawsuit went to a jury Wednesday after DePina testified that one high-ranking prison official told him: ``I don’t know what you expect. You shot the guy in the head.″

The inmate is seeking unspecified damages on grounds that include assault, emotional distress and deprivation of his rights. Correction officials said they could not comment on pending litigation.

DePina, 24, said he was twice attacked by Monteiro. He said the attacks included a 1996 incident in a shower room, where the guard punched him in the head and repeatedly threatened to kill him.

Monteiro filed false disciplinary reports that got DePina transferred to a punishment unit, then transferred there himself, where the harassment continued until the guard was reassigned, the lawsuit said.

Monteiro flipped DePina’s cell lights on and off during the night and kicked his door to prevent him from sleeping, according to the suit.

Seven years ago, DePina shot Monteiro on a street in Boston’s Roxbury section, which has among the highest crime rates in the city. He claimed Monteiro and a group of friends had bullied him and tried to take his motorcycle.

He pleaded guilty to assault and was sentenced to four to 12 years in the state’s maximum-security prison in Walpole.

He first encountered his victim there in mid-1992. But this time Monteiro was wearing a guard’s uniform.

DePina said Monteiro once confronted him, saying, ``Why did you have to shoot me?″

The inmate said he replied, ``It’s over and done with. You go your way and I’ll go mine _ I don’t want any problems.″

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