Legal Opinion

Alfredo Semper v. Curtis Gomez

Court of Appeals for the Third Circuit

Decided March 24, 2014No. 13-2582PublishedCited by 45 opinions

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

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Carlson v. GreenSupreme Court of the United States · 1980
  4. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  5. Osborn v. Bank of United StatesSupreme Court of the United States · 1824

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3Cited by45 opinions

  1. In Re Lipitor Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
  2. Temple University Hospital v. Secretary United States DeptCourt of Appeals for the Third Circuit · 2021
  3. Bridges v. ColvinDistrict Court, E.D. Pennsylvania · 2015
  4. Lamb v. HolderDistrict Court, District of Columbia · 2015
  5. Jason Leopold v. J. Thomas MangerCourt of Appeals for the D.C. Circuit · 2024

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