Legal Opinion
CHEVERE RODRIGUEZ v. Pagan
District Court, D. Puerto Rico
Decided February 2, 2006No. CIV.00-2039 RLAPublished
1Opinion of the Court
ORDER GRANTING CODEFENDANT PADILLA’S MOTION TO DISMISS
ACOSTA, District Judge.
Before the Court is codefendant EDWIN PADILLA’s motion to dismiss the complaint based on lack of jurisdiction, failure to state a claim and failure to file within the statute of limitations 1 (docket No. 178). Plaintiffs have opposed (docket No. 179).
Background
PADILLA claims that he is not and has never been an employee of the Municipality of Bayamon. Therefore, he argues, he was not acting under color of law at the time that the incidents in the complaint occurred and thus jurisdiction is lacking under 42 U.S.C. §…
2Cases cited4 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Alex C. Glaros v. Richard PerseCourt of Appeals for the First Circuit · 1980
- Mildred E. FRANCIS-SOBEL, Plaintiff, Appellant, v. UNIVERSITY OF MAINE, Everett O. Ware, Et Al., Defendants, AppelleesCourt of Appeals for the First Circuit · 1979
- Chévere-Rodríguez v. PagánCourt of Appeals for the First Circuit · 2004