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07-1642 - Burgos-Hernandez et al v. Commonwealth of Puerto Rico et al


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07-1642 - Burgos-Hernandez et al v. Commonwealth of Puerto Rico et al
September 3, 2008
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OPINION AND ORDER granting 8 Motion to Dismiss; granting in part and denying in part 9 Motion to Dismiss: granted as to claims against Toledo-Davila in his official capacity and claims under Fifth Amendment; denied as to Section 1983 claims against him in his personal capacity, the defense of qualified immunity and as to Section 1983 claims averred by Wallys Hernandez Colon and gimalys Collazo Hernandez. 16 Motion to Strike is denied. Signed by Judge Carmen C. Cerezo on 8/28/08. (mmd) Modified on 9/4/2008 to add docket text. (ni).