United States First Circuit

Dismissal of wrongful death claim against Puerto Rico and its Department of Transportation and Public Works is affirmed where the defendants did not waive their Eleventh Amendment immunity from suit and plaintiffs- claims against the remaining governmental defendants did not rise to the level of a federal constitutional violation.

Appellate Information

• Decided 06/30/2006
• Published 06/30/2006

Judges

• SAYLOR, District Judge., Before SELYA and LIPEZ, Circuit Judges, and SAYLOR, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Nicolas Nogueras-Cartagena on brief for appellants.


• For Appellees:
  
• Salvador J. Antonnetti-Stutts, Solicitor General;  Mariana Negrón-Vargas, Deputy Solicitor General;  Maite D. Oronoz Rodríguez, Deputy Solicitor General;  and Leticia Casalduc-Rabell, Assistant Solicitor General, on brief for appellees Commonwealth of Puerto Rico and Department of Transportation and Public Works., Francisco J. Amundaray on brief for appellee Municipality of San Juan., Luis G. Martinez Llorens on brief for appellee Pep Boys-Manny, Moe & Jack of Puerto Rico, Inc.