Oscar CHARLES, Plaintiff, Appellant,
v.
Honorable Donald RICE, Secretary of the United States Air Force, et al., Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard March 10, 1994.
Decided July 14, 1994.
Attorney(s) appearing for the Case
William Ramirez-Hernandez, with whom Paula Sciabarrasi, Vargas & Ramirez Law Office, and Charles S. Hey-Maestre, Sabana Education and Civil Rights Project, Rio Piedras, PR, were on brief for appellant.
Michael S. Raab, Civil Div., Dept. of Justice, with whom Guillermo Gil, U.S. Atty., Frank W. Hunger, Asst. Atty. Gen., Anthony J. Steinmeyer, Civil Div., Dept. of Justice, and Col. Raul F. Barbara, Lt. Col. Conrad Von Wald, Major Carla S. Walgenbach, and Major Patricia A. Kerns, of counsel, Dept. of the Air Force, Gen. Litigation Div., Washington, DC, were on brief for appellees Honorable Donald Rice, Secretary of the United States Air Force, and Lt. General Conaway, Chief, National Guard Bureau.
Carlos Lugo-Fiol, Deputy Sol. Gen. for the Commonwealth of Puerto Rico, with whom Pedro A. Delgado-Hernandez, Sol. Gen., Hato Rey, PR, was on brief for appellees William Miranda-Marin, the Adjutant General of the Commonwealth of Puerto, Rico, Colonel Manuel A. Guzman, of the Puerto Rico Air National Guard, and Colonel Gilberto Colon, Personnel Officer, Puerto Rico Air National Guard.
Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.
United States Court of Appeals, First Circuit.
BOWNES, Senior Circuit Judge.
After more than twenty years of service in the Puerto Rico Air National Guard (PRANG) and employment as a National Guard technician, plaintiff-appellant, Oscar Charles, tested positive for the Human Immunodeficiency Virus (HIV) and was discharged from PRANG and from his technician job. Plaintiff filed an action under 42 U.S.C. § 1983 seeking declaratory relief, reinstatement, and back pay from defendants-appellees, the Secretary...
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