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DURIEX-GAUTHIER v. LOPEZ-NIEVES

No. 01-1746.

274 F.3d 4 (2001)

Peter DURIEX-GAUTHIER, Plaintiff, Appellee, v. Carlos LOPEZ-NIEVES, Defendant, Appellant, Jane Doe, and the Conjugal Partnership Constituted By Lopez-Nieves and Doe, Defendants.

United States Court of Appeals, First Circuit.

Decided December 10, 2001.

Attorney(s) appearing for the Case

Jorge Martínez Luciano with whom Johanna Emmanuelli Huertas and Law Offices of Pedro Ortiz Alvarez, PSC were on brief for appellant.

Ivan Diaz Lopez for appellee.

Before BOUDIN, Chief Judge, KRAVITCH, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Peter Duriex-Gauthier held the position of Personnel and General Services Officer in the Ombudsman's Office of Puerto Rico from December 1991 to August 31, 1998. Following the termination of his employment, he sued Carlos Lopez-Nieves, the newly appointed Director of the Ombudsman's Office, in Lopez-Nieves's personal and official capacities. Duriex-Gauthier made two claims. First, he argued that his firing was in violation of his First Amendment...

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