LOPEZ-CARRASQUILLO v. RUBIANES

No. 99-2137.

230 F.3d 409 (2000)

Juan A. LOPEZ-CARRASQUILLO, Plaintiff, Appellant, v. Wanda RUBIANES, Arcilio Alvarado, Marlene Cintron and Diana Roca, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 23, 2000.


Attorney(s) appearing for the Case

Ernesto G. López-Soltero on brief for appellant.

Gustavo A. Gelpi, Solicitor General of the Commonwealth of Puerto Rico, Rosa N. Russe-Garcia, Deputy Solicitor General and Leticia Casalduc-Rabell, Assistant Solicitor General on brief for appellees.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.


LIPEZ, Circuit Judge.

In a case with a procedural twist, the district court terminated the plaintiff's claims by entering summary judgment in favor of three defendants sua sponte without providing the plaintiff notice and an opportunity to be heard. This was impermissible in the circumstances of this case, and we vacate the judgment dismissing those claims. However, we affirm the district court's decision to grant summary judgment in favor of a fourth defendant.<...

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