Alfredo Semper v. Curtis Gomez
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION
(March 24, 2014)
Cowen, Circuit Judge
Plaintiff Alfredo Semper appeals from the order of the District Court of the Virgin Islands granting the motion to dismiss filed by Defendants Curtis V. Gomez and the United States of America. We will affirm the District Court’s order insofar as it dismissed Semper’s official capacity claim against Chief Judge Gomez, his claim against the United States, and his claim for a writ of mandamus for lack of subject matter jurisdiction. Furthermore, we will remand this matter to the District Court with instructions to dismiss his individual capacity claim…
2Cases cited43 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Ex Parte YoungSupreme Court of the United States · 1908
- Carlson v. GreenSupreme Court of the United States · 1980
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
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