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GONZALEZ MARTINEZ v. AUTORIDAD DE ENERGIA

Civ. No. 85-1197 (JAF).

644 F.Supp. 364 (1986)

Juan GONZALEZ MARTINEZ, Mrs. Ana Gonzalez, and children Angel L. Ortiz, Brenda Gonzalez, and Julio Gonzalez, represented by their parents, Plaintiffs, v. AUTORIDAD DE ENERGIA ELECTRICA DE PUERTO RICO, John Doe and Richard Roe, Defendants.

United States District Court, D. Puerto Rico.

September 30, 1986.

Attorney(s) appearing for the Case

Jesús Hernández Sánchez, San Juan, P.R., for plaintiffs.

Pedro Santiago Torres, San Juan, P.R., for defendants.

MEMORANDUM OPINION AND ORDER

FUSTÉ, District Judge.

This case presents the question of whether an utility company is liable under 42 U.S.C. sec. 1983 for violation of civil rights under color of state law as a result of having suspended electricity to a subscriber of the service. We hold that 42 U.S.C. sec. 1983 does not extend to such a case. The suspension of service obeyed to dispute regarding payment or lack thereof of prior services to the subscriber...

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