PEREZ-SERRANO v. DeLEON-VELEZ


868 F.2d 30 (1989)

Jeannette PEREZ-SERRANO, et al., Plaintiffs, Appellees, v. Juan R. DeLEON-VELEZ, etc., et al., Defendants, Appellants. Appeal of The MUNICIPAL GOVERNMENT OF FLORIDA, Defendant, Appellant. Jeannette PEREZ-SERRANO, et al., Plaintiffs, Appellees, v. Juan R. DeLEON-VELEZ, etc., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 22, 1989.

As Amended February 23, 1989.


Attorney(s) appearing for the Case

Luis N. Blanco Matos with whom Rafael Ortiz Carrion, Sol. Gen., Norma Cotti Cruz, Deputy Sol. Gen., Vannessa Ramirez, Asst. Sol. Gen., Dept. of Justice, San Juan, P.R., and Angel L. Tapia Flores, Rio Piedras, P.R., were on joint brief, for defendants, appellants.

Miguel Pagan, San Juan, P.R., with whom Eliezer Aldarondo Ortiz and Aldarondo & Lopez Bras, Hato Rey, P.R., were on brief, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, WISDOM, Senior Circuit Judge, and COFFIN, Circuit Judge.


COFFIN, Circuit Judge.

The major issue in this appeal is whether in a § 1983 action seeking damages and injunctive relief, issues common to both claims must first be submitted to the jury. In this case, the district court denied defendants' request for a jury trial and itself resolved the common issue of liability, leaving for the jury only the task of assessing damages. We believe this was error and now reverse.

The case was initiated by eighteen employees...

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