ZAYAS-GREEN v. CASAINE

Nos. 88-2117, 88-2118.

906 F.2d 18 (1990)

Jose ZAYAS-GREEN, Plaintiff, Appellee, v. Sergio CASAINE, Defendant, Appellant. Jose ZAYAS-GREEN, Plaintiff, Appellee, v. Sergio CASAINE, etc., et al., Defendants, Appellees. Appeal of Esteban DAVILA-DIAZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 19, 1990.


Attorney(s) appearing for the Case

Dennis A. Simonpietri, San Juan, P.R., and Gilberto Mayo-Pagan, Hato Rey, P.R., with whom Hector Rivera Cruz, Secretary of Justice, Bayamon, P.R., Jorge Perez Diaz, Sol. Gen., Ramirez & Ramirez and Mayo & Mayo, Hato Rey, P.R., were on briefs, for defendants, appellants.

A.J. Amadeo Murga, Hato Rey, P.R., for plaintiff, appellee.

Before CAMPBELL, Chief Judge, SELYA and CYR, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

In this section 1983 damages action against two Puerto Rico government officials, the district court ruled that defendants, having had two years to file dispositive pretrial motions, would receive no further time to file such motions. The result of this unappealed order, coupled with defendants' prior inaction, was to prevent them from moving to dismiss, or for summary judgment, on qualified immunity grounds prior to trial. The case...

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