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EDUCADORES PUERTORRIQUENOS v. HERNANDEZ

No. 03-1588.

367 F.3d 61 (2004)

EDUCADORES PUERTORRIQUEÑOS EN ACCIÓN et al., Plaintiffs, Appellants, v. César Rey HERNÁNDEZ, In his Personal Capacity and as Secretary of the Puerto Rico Department of Education, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 10, 2004.

Attorney(s) appearing for the Case

Francisco R. Gonzalez, with whom F.R. Gonzalez Law Office was on brief, for appellants.

Hector J. Benitez Arraiza, with whom Luiselle Quiñones Maldonado and Llovet Zurinaga & López, P.S.C. were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

SELYA, Circuit Judge.

For years, courts in this circuit have required plaintiffs to satisfy a heightened pleading standard in civil rights actions. We recently have retreated from this view in specified instances. Today, however, we are presented with an opportunity to reexamine the propriety of this praxis globally in light of emergent Supreme Court precedent. Because neither the Civil Rules nor any applicable statute authorizes the imposition of a heightened pleading...

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