Gonzalez-Rodriguez v. Alvarado

OPINION & ORDER

PEREZ-GIMENEZ, District Judge.

In the early hours of December 18, 1998 Luis Sierra Gonzalez died while under the custody of the Puerto Rico Corrections Department. Decedent’s mother, brother, sister and son brought suit under 42 U.S.C. § 1983; the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd(a) & (b); and Article 1802 of the Puerto Rico Civil Code.

Before the Court is Defendants’ Motion to Dismiss and Plaintiffs’ Opposition. In their motion co-defendants’ argue that the federal claims should be dismissed because (1) Plaintiffs’ lack standing to sue under…