GUZMÁN-RIVERA v. RIVERA-CRUZ

No. 95-2054.

98 F.3d 664 (1996)

Héctor GUZMÁN-RIVERA, et al., Plaintiffs-Appellees, v. Hector RIVERA-CRUZ, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided October 28, 1996.


Attorney(s) appearing for the Case

Esther Castro-Schmidt, Bayamon, PR, with whom José R. Gaztambide, Luis A. Plaza-Mariota, Elisa Bobonis-Lang and Gaztambide & Plaza, Hato Rey, PR, were on brief, for defendants-appellants.

Victoria A. Ferrer, Trujillo Alto, PR, for plaintiffs-appellees.

Before TORRUELLA, Chief Judge, and CYR and LYNCH, Circuit Judges.


TORRUELLA, Chief Judge.

The parties come before us for the third time in as many years. This time, defendants-appellants appeal the district court's denial of their motion for summary judgment based on qualified immunity. The district court found the qualified immunity defense to have been waived by defendants' failure to raise the issue earlier in the proceedings. We affirm the district court's denial of defendants-appellants summary judgment motion. We agree with...

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