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DIAZ-ROMERO v. MUKASEY

No. 07-1607.

514 F.3d 115 (2008)

Wilfredo DIAZ-ROMERO, M.D.; Luz Ariana Ortiz-Colon; Conjugal Partnership Diaz-Ortiz, Plaintiffs, Appellants, v. Michael B. MUKASEY, Attorney General; Richard E. Chavez, Warden of the Metropolitan Detention Center, Guaynabo, PR; Edward Gonzalez, Warden, in his official and personal capacities; Noemi Potts, in her official and personal capacities; Dr. Olga Grajales, in her official and personal capacities; A-Z Insurance Companies; Jane Doe; Richard Roe, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 31, 2008.

Attorney(s) appearing for the Case

Julio C. Alejandro Serrano, with whom Nicolas Nogueras, Jr., and Nicolas Nogueras Law Office were on brief, for appellants.

Germaân A. Rieckehoff, Assistant United States Attorney, with whom Rosa E. Rodriguez-Veélez, United States Attorney, and Nelson Peérez Sosa, Assistant United States Attorney, Chief, Appellate Division, were on brief, for appellee.

Before TORRUELLA and HOWARD, Circuit Judges, and SMITH, District Judge.

HOWARD, Circuit Judge.

The district court dismissed the complaint of Wilfredo Diaz-Romero for lack of subject matter jurisdiction. We affirm because Diaz-Romero's status as a commissioned officer of the Public Health Service ("PHS") bars his suit for service connected injuries.

I. Facts

Because the complaint was resolved on a motion to dismiss, the facts are set forth as alleged in the complaint and inferences taken in the light most favorable to...

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