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DENNIS v. FIGUEROA

Civ. No. 85-2270 (JAF).

642 F.Supp. 959 (1986)

George DENNIS; Maria Laura Silverio Norohna, a/k/a Laura Dennis, by themselves and representing the conjugal partnership constituted between them; Michelle Dennis; Melanie Dennis; Mary Jon Dennis Lord; Condado Mini-Cinema Corp.; Cinema Features Corp., Plaintiffs, v. Rafael Arzola FIGUEROA; Luis A. Rivera Colon; John Doe, Director of the Metro Area, Vice Squad of the Police Department of the Commonwealth of Puerto Rico; Richard Roe, Superintendent of the Police Department of the Commonwealth of Puerto Rico; Various Unknown Agents of the Metro-Area Vice Squad of the Police Department of the Commonwealth of Puerto Rico; Thomas Toe, Defendants.

United States District Court, D. Puerto Rico.

August 27, 1986.

Attorney(s) appearing for the Case

Adrián Mercado, Rua & Mercado, San Juan, Puerto Rico, for plaintiffs.

Edgardo Colón-Arrarás, Federal Litigation Div., Dept. of Justice, Com. of Puerto Rico, Pedro A. del Valle Ferrer, Director, Federal Litigation Div., Héctor Rivera Cruz, Secretary of Justice, San Juan, Puerto Rico, for defendants.

OPINION AND ORDER

FUSTE, District Judge.

On November 12, 1985, plaintiffs filed a complaint under 42 U.S.C. Sec. 1983 against various members of the Puerto Rico Police Department. Federal jurisdiction has been invoked under 28 U.S.C. Secs. 1331, 1343(3), (4). The basis of the complaint is that on December 23, 1982 and August 23, 1983, defendants, acting under color of law, "raided" the Condado Mini Cinema and seized certain pornographic, obscene films being...

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