Legal Opinion
Diaz-Romero v. Mukasey
Court of Appeals for the First Circuit
Decided January 31, 2008No. 07-1607PublishedCited by 7 opinions
1Opinion of the Court
HOWARD, Circuit Judge.
The district court dismissed the complaint of Wilfredo Diaz-Romero for lack of subject matter jurisdiction. We affirm because Diaz-Romero’s status as a commissioned officer of the Public Health Service (“PHS”) bars his suit for service connected injuries.
I. Facts
Because the complaint was resolved on a motion to dismiss, the facts are set forth as alleged in the complaint and inferences taken in the light most favorable to Diaz-Romero, the non-moving party. Rodriguez-Ortiz v. Margo Caribe, Inc., 490 F.3d 92, 94 (1st Cir.2007).
Wilfredo Diaz-Romero was a commissioned…
2Cases cited14 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Feres v. United StatesSupreme Court of the United States · 1950
- United States v. StanleySupreme Court of the United States · 1987
- United States v. ShearerSupreme Court of the United States · 1985
- Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
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3Cited by7 opinions
- Rivera-Concepción v. CommonwealthDistrict Court, D. Puerto Rico · 2010
- Torres-Santiago v. Díaz-CasianoDistrict Court, D. Puerto Rico · 2009
- B.J. Tidwell Industries, Inc. v. ZawackiDistrict Court, D. Maine · 2009
- Ortiz Osorio v. Municipality of LoizaDistrict Court, D. Puerto Rico · 2014
- Alvisuriz v. BjorkmanDistrict Court, D. Massachusetts · 2020
2 more not listed; retrieve them via the Exa API.