Baez-Molina v. Romero Alcover et al
Armando Baez-Molina |
Oniel Romero-Alcover, Luis Javier Concepcion-Rosado, Eliezer Rivera-Rodriguez, Victor Manuel Rivera-Ortiz, Jane Doe, Conjugal Partnership Romero-Doe, Conjugal Partnership Concepcion-Doe, Conjugal Partnership Rivera-Doe, Joan Doe, Martha Doe and Mary Doe |
3:2015cv01046 |
January 21, 2015 |
US District Court for the District of Puerto Rico |
San Juan Office |
San Juan |
Pedro A. Delgado-Hernandez |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 22 MEMORANDUM AND ORDER: Granting 8 "Partial Motion to Dismiss Under Federal Rule of Civil Procedure 12(b)(6)." Accordingly, plaintiff's claims for unreasonable search or seizure under the Fourth Amendment and his claimunder the Four teenth Amendment are dismissed with prejudice. His request to dismiss without prejudice the claims under the Fifth and Eighth Amendments is granted. The Fourth Amendment excessive force claim stands. Thus, the only remaining claim is for excessive use of force, under the Fourth Amendment and Puerto Rico law. An Order for the parties to file a Joint Proposed Schedule will follow. Signed by Judge Pedro A. Delgado-Hernandez on 02/05/2016.(LMR) |
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