Cruz-Acevedo et al v. Toledo-Davila et al
Luis F. Cruz-Acevedo and Manuela V. Cruz-Perocier |
Pedro Toledo-Davila, William Orozco-Sanchez, Angel Perez-Rodriguez, Jorge Gonzalez-Perez, William Ruiz-Borras, Jose R. Dennis-Tavarez, Edwin Rosado-Morales, Jose Nieves-Soler, Miguel Arocho, Ruben Colon, John Doe, Richard Roe and Peter Moe |
3:2007cv02104 |
November 20, 2007 |
US District Court for the District of Puerto Rico |
San Juan Office |
Aguadilla |
Jose A Fuste |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Available Case Documents
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Filing 120 ORDER: For the reasons contained in the expanded order, we hereby 1) GRANT Cruz-Acevedo's motion to show cause (Docket No. 116 ) and DENY partial summary judgment with respect to Gonzalez; 2) DISMISS WITHOUT PREJUDICE Cruz-Acevedo's claims under Puerto Rico law against Toledo-Davila, Dennis-Tavarez, Orozco-Sanchez, Ruiz-Borras, and Rosado-Morales (Docket No. 70 ); 3) RETAIN Cruz-Acevedo's (1) Fourth Amendment claim for supervisory liability against Gonzalez for his role during t he search; (2) Fourth and Fourteenth Amendment claims against Arocho-Irizarry, Colon-Perez, Nieves-Soler, and Defendant Angel Perez-Rodriguez; and (3) claims at Puerto Rico law against Gonzalez, Arocho-Irizarry, Colon-Perez, Nieves-Soler, and Perez-R odriguez; and 4) REQUEST the parties to submit proposals for settlement by October 30, 2009, in light of our previous inquiry into settlement at the pretrial conference held on July 16, 2009 (Docket No. 113 ). Advise Court of Settlement Deadline due by 10/30/2009. Signed by Chief Judge Jose A Fuste on 10/15/09.(mrj) |
Filing 112 OPINION AND ORDER GRANTING IN PART 89 MOTION for Summary Judgment filed by Jose R. Dennis-Tavarez, Edwin Rosado-Morales, William Orozco-Sanchez, William Ruiz-Borras, Pedro Toledo-Davila, Jorge Gonzalez-Perez. We DISMISS, sua sponte, Plaintiffs' ; § 1983 claims under the First, Fifth, and Tenth Amendments, all claims against unknown defendants, and all claims by Cruz-Perocier WITH PREJUDICE (Docket No. 70 ). We DISMISS all federal claims against Toledo, Rosado, Orozco, Dennis, and Ruiz WITH PREJUDICE (id.). We ORDER Cruz-Acevedo to SHOW CAUSE, on or before July 31, 2009, as to why we should not also grant summary judgment, sua sponte, in favor of Gonzalez. Show Cause Response due by 7/31/2009. Signed by Chief Judge Jose A Fuste on 7/15/09.(mrj) |
Filing 69 OPINION AND ORDER GRANTING IN PART AND DENYING IN PART 63 MOTION for Reconsideration re 62 Opinion and Order. We amend our prior order of partial dismissal to reinstate Plaintiff Cruz-Acevedo's claim under the Fourth Amendment for a warrantl ess arrest without probable cause, and extend our exercise of supplemental jurisdiction to his claims at Commonwealth law against Defendants Gonzalez-Perez and Perez-Rodriguez in their personal capacities. We DENY reconsideration as to Plaintiffs' claim for a fraudulently obtained search warrant, but GRANT Plaintiffs LEAVE TO AMEND their complaint. Amended Complaint due by 3/13/2009. Signed by Chief Judge Jose A Fuste on 2/26/09.(mrj) |
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