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HERNANDEZ-LOPEZ v. PEREIRA

No. CIV. 03-2246CCC.

380 F.Supp.2d 30 (2005)

Jose R. HERNANDEZ-LOPEZ, Yahismar Ortega-Menendez, by themselves and on behalf of their children Jose J. Hernandez-Ortega, and Kevin Yadiel Hernandez-Ortega, Maria Lopez-Lopez, Jose R. Bonilla-Roman, Plaintiffs, v. Miguel PEREIRA, Victor Rivera-Gonzalez, Osvaldo Morales-Santiago, Felix Figueroa-Figueroa, Jose A. Torres-Sotomayor, John Doe and Richard Roe, Defendants.

United States District Court, D. Puerto Rico.

March 22, 2005.

Attorney(s) appearing for the Case

Michael Rachid-Fournier, Esq., Guaynabo, PR, for Plaintiffs.

Susana Peñagarícano-Brown, Guaynabo, PR, for Defendants.

OPINION AND ORDER

CEREZO, District Judge.

This is a civil rights action brought under the purview of 42 U.S.C. § 1983 in which plaintiffs allege that a police intervention conducted in a Caguas' ward resulted in the violation of their rights under the Fourth, Fifth and Fourteenth Amendments. Before the Court now is a Motion to Dismiss Under Fed.R.Civ.P. 12(b)(6) filed by defendant Miguel Pereira on May 18, 2004 (docket entry 16) and joined...

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