CAO v. PUERTO RICO

No. 07-1394.

525 F.3d 112 (2008)

Dolores H. CAO, Plaintiff, Appellant, v. COMMONWEALTH OF PUERTO RICO through the Secretary of Justice, Roberto Sánchez-Ramos; Puerto Rico Department of Family; Puerto Rico Department of Family, Unit of Substitute Care of Adults; Félix Matos-Rodríguez, in his Personal Capacity and as Secretary of the Department of the Family; State Psychiatric Hospital; Administrator B of State Psychiatric Hospital, Doctor X; Unknown Defendants; AB Insurance Company; BC Insurance Company; CD Insurance Company; DF Insurance Company; FG Insurance Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 13, 2008.


Attorney(s) appearing for the Case

Ralph Vallone, Jr., with whom Ralph Vallone, Jr. Law Offices was on brief, for appellant.

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.

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


TORRUELLA, Circuit Judge.

Dolores H. Cao, an elderly resident of Cupey, Puerto Rico, was removed from her home, made to undergo a psychological evaluation, and placed in a substitute home and, later, a state institution for the elderly, by the Puerto Rico Family Department ("the Department"). She seeks recovery under 42 U.S.C. §§ 1981 and 1983 for alleged violations of...

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