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MOORHEAD v. GOVERNMENT OF THE VIRGIN ISLANDS

Civ. No. 81-141.

556 F.Supp. 174 (1983)

James J. MOORHEAD, Plaintiff, v. GOVERNMENT OF THE VIRGIN ISLANDS and Juan Luis in his capacity as Governor of the Virgin Islands, Defendants.

District Court, Virgin Islands, D. St. Thomas and St. John.

February 8, 1983.

Attorney(s) appearing for the Case

Leonard B. Francis, Jr., Charlotte Amalie, St. Thomas, V.I., for plaintiff.

Marcia Sherman, Asst. Atty. Gen., Charlotte Amalie, St. Thomas, V.I., for defendants.

MEMORANDUM AND ORDER

CHRISTIAN, Chief Judge.

This case is before the Court on the motion of defendants to dismiss the complaint for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). The important question presented is whether compliance with the Virgin Islands Tort Claims Act, 33 V.I.C. §§ 3401-3415 is a jurisdictional prerequisite to the commencement of, or recovery under the Civil Rights Act of 1871, 42 U.S.C. § 1983. Because we...

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