APONTE MATOS v. TOLEDO DAVILA

No. 97-1645.

135 F.3d 182 (1998)

Rafael APONTE MATOS, et al., Plaintiffs, Appellants, v. Pedro TOLEDO DÁVILA, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 3, 1998.


Attorney(s) appearing for the Case

Rafael Castro Lang, San Juan, PR, with whom Marlene Aponte Cabrera, Hato Rey, PR, was on brief for appellants.

Sylvia Roger-Stefani, Assistant Solicitor General, Guaynabo, PR, with whom Carlos Lugo-Fiol, Puerto Rico Solicitor General, San Juan, PR, and Edda Serrano-Blasini, Deputy Solicitor General, Guaynabo, PR, were on brief for appellees Toledo-Dávila, Zapata, Ortíz-Díaz, and Fernández.

John F. Nevares, San Juan, PR, with whom Lizzie M. Portela, Paul B. Smith, and Smith & Nevares were on brief for appellees Haddock, Torres-Lebrón, Laboy-Escobar, Colón, and Nieves-Domínguez.

Isabel Muñoz Acosta, Assistant United States Attorney, Guaynabo, PR, with whom Guillermo Gil, United States Attorney, Hato Rey, PR, was on brief for appellees Plichta and Ilario.

Before SELYA, STAHL, and LYNCH, Circuit Judges.


LYNCH, Circuit Judge.

A Puerto Rican family whose home was searched under a warrant authorizing a weapons search sued the intruding Puerto Rican and federal officers and their supervisors on various claims of violation of civil rights. The district court dismissed all claims against all defendants in a series of summary judgment orders. One argument made by plaintiffs on appeal leads us to reinstate a portion of their case.

Plaintiffs claim that the Puerto...

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