Legal Opinion
Lora-Rivera v. Drug Enforcement Administration Department of Justice
District Court, D. Puerto Rico
Decided September 30, 1992No. Civ. 90-2307CCCPublishedCited by 11 opinions
1Opinion of the Court
OPINION AND ORDER
CEREZO, District Judge.
On October 3, 1990 plaintiff Jaime Lora-Rivera filed this action pursuant to the Federal Tort Claims Act (FTCA) seeking compensatory relief for damages arising out of malicious prosecution. Defendants filed a motion to dismiss 1 which was opposed by plaintiff. Even taking into account the arguments presented in the untimely filed opposition, plaintiff’s claim for malicious prosecution does not lie.
I. Jurisdictional matters
A. The FTCA is a limited waiver of sovereign immunity. This Court has repeatedly held that a Congressional waiver of sovereign…
2Cases cited20 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Gerstein v. PughSupreme Court of the United States · 1975
- Costello v. United StatesSupreme Court of the United States · 1956
- Lawn v. United StatesSupreme Court of the United States · 1958
- Donna Reilly, Etc. v. United StatesCourt of Appeals for the First Circuit · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Abreu-Guzman v. FordCourt of Appeals for the First Circuit · 2001
- Nogueras-Cartagena v. United StatesDistrict Court, D. Puerto Rico · 2001
- Diaz-Nieves v. United StatesCourt of Appeals for the First Circuit · 2017
- Abreu-Guzman v. FordDistrict Court, D. Puerto Rico · 1999
- Mala v. PalmerDistrict Court, D. Puerto Rico · 2010
6 more not listed; retrieve them via the Exa API.