Opinion
CIVIL NO. 06-2218 (GAG).
February 5, 2007
MEMORANDUM OPINION AND ORDER
Plaintiffs' civil rights action under 28 U.S.C. § 1983 is hereby DISMISSED. A review of the pleadings filed by plaintiff (see Docket Nos. 2 and 6) reveals that his injuries were sustained as a result of the negligence of a penal officer and an inmate who assaulted plaintiff. An administrative investigation was indeed carried out at the penal institution confirming plaintiff's allegations of negligence.
While a negligence claim is available to plaintiff under Puerto Rico law to seek redress for his injuries, the same does not rise to the level of a constitutional violation, as is required for a plaintiff bringing a civil rights action before this Court pursuant to Section 1983.
Plaintiff, hence, must pursue his negligence claim before the Puerto Rico courts.
SO ORDERED.