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United States First Circuit


Cao v. Commonwealth of Puerto Rico, 07-1394

In an action wherein plaintiff sought recovery under 42 U.S.C. section 1983 for alleged constitutional violations along with several state law causes of action after she was removed from her home, made to undergo a psychological evaluation, and placed in a state institution for the elderly, dismissal of plaintiff's complaint is affirmed where: 1) the district court properly dismissed plaintiff's section 1983 claim as untimely; and 2) with no federal cause of action remaining, the district court acted within its discretion in declining to exercise supplemental jurisdiction over remaining state law claims.

Appellate Information

  • Decided 05/13/2008
  • Published 05/13/2008

Judges

  • TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and SMITH, District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Ralph Vallone, Jr., with whom Ralph Vallone, Jr. Law Offices was on brief, for appellant.

  • For Appellees:
  • Susana I. Peñagarícano-Brown, Assistant Solicitor General, Department of Justice, with whom Salvador J. Antonetti-Stutts, Solicitor General, Mariana Negrón-Vargas, Deputy Solicitor General, and Maite D. Oronoz-Rodríguez, Deputy Solicitor General, were on brief, for appellees Commonwealth of Puerto Rico;  Puerto Rico Department of the Family;  Puerto Rico Department of the Family, Unit of Substitute Care of Adults;  Félix Matos-Rodríguez;  and State Psychiatric Hospital.
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