Burgos et al v. Fontanez-Torres et al
| Kristal Burgos, Lucy Cesareo, Juan Gonzalez-Carmona, Juan Gonzalez-Vellon, Mayra Carmona, Victor Gonzalez-Carmona, K.P.B., J.G. and A.G. |
| Angel Fontanez-Torres, Commonwealth of Puerto Rico, John Doe and Jane Doe |
| 3:2012cv01641 |
| August 7, 2012 |
| US District Court for the District of Puerto Rico |
| San Juan Office |
| San Juan |
| Francisco A. Besosa |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
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OPINION AND ORDER re 5 Motion to Dismiss and 8 Motion to Dismiss. the Court GRANTS the Commonwealth's motion to dismiss and GRANTS in part and DENIES in part defendant Fontanez's motion to dismiss. All claims against unnamed defendant s are DISMISSED WITHOUT PREJUDICE. All federal law claims against the Commonwealth are DISMISSED WITH PREJUDICE. All state law claims against the Commonwealth are DISMISSED WITHOUT PREJUDICE. The federal law claims of all non-heir plaintiffs are D ISMISSED WITH PREJUDICE for lack of standing. The federal law claims of plaintiffs Lucy Cesareo, Juan Gonzalez-Vellon, and Mayra Carmona are DISMISSED WITH PREJUDICE because they were not filed within the requisite statutory period. Defendant Fonta nez's motion to dismiss minor plaintiff KPB's section 1983 claim is DENIED. Additionally, defendant Fontanez's motion to dismiss all article 1802 claims is DENIED. Therefore, the remaining claims are minor plaintiff KPB's section 1983 claim against defendant Fontanez, and all plaintiffs' article 1802 claims against defendant Fontanez. Signed by Judge Francisco A. Besosa on 06/27/2013. (brc)
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