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RIVERA-JIMENEZ v. PIERLUISI

Nos. 02-2439, 02-2440.

362 F.3d 87 (2004)

Claribel RIVERA-JIMÉNEZ; Enrique L. Piñero-Santiago; Conjugal Partnership Piñero-Rivera; Elisbel Maldonado-Rivera; Vivian Rosado-Soto; Conjugal Partnership Maldonado-Rosado, Plaintiffs, Appellees, v. Pedro PIERLUISI, Secretary of Justice; Lydia Morales; Domingo Alvarez, Individually and in his capacity as Director of the Corruption and Organized Crime Investigations Division; Miguel Gierbolini, Individually and in his capacity as Sub-Director of the Special Investigations Bureau; Ismael Castro, Individually and in his capacity as Interim Director of the Division for the Investigation of Public Officials involved in Organized Crime (SIFACO); Ernesto Fernández, Individually and in his capacity as Interim Director of the Organized Crime Division, Defendants, Appellants, José Fuentes-Agostini, Individually and in his capacity as Secretary of Justice of the Commonwealth of Puerto Rico; Aníbal Torres, Individually and in his capacity as Director of Special Investigations Bureau; José Vázquez-Pérez, Individually and in his capacity as Assistant District Attorney for the District of Carolina, Defendants. Claribel Rivera-Jiménez; Enrique L. Piñero-Santiago; Conjugal Partnership Piñero-Rivera; Elisbel Maldonado-Rivera; Vivian Rosado-Soto; Conjugal Partnership Maldonado-Rosado, Plaintiffs, Appellees, v. José Fuentes-Agostini, Individually and in his capacity as Secretary of Justice of the Commonwealth of Puerto Rico; Aníbal Torres, Individually and in his capacity as Director of Special Investigations Bureau, Defendants, Appellants, Pedro Pierluisi, Secretary of Justice; Lydia Morales; Domingo Alvarez, Individually and in his capacity as Director of the Corruption and Organized Crime Investigations Division; Miguel Gierbolini, Individually and in his capacity as Sub-Director of the Special Investigations Bureau; Ismael Castro, Individually and in his capacity as Interim Director of the Division for the Investigation of Public Officials involved in Organized Crime (SIFACO); Ernesto Fernández, Individually and in his capacity as Interim Director of the Organized Crime Division; José Vázquez-Pérez, Individually and in his capacity as Assistant District Attorney for the District of Carolina, Defendants.

United States Court of Appeals, First Circuit.

Decided March 29, 2004.

Attorney(s) appearing for the Case

Eduardo A. Vera-Ramírez, with whom Anabelle Rodríguez, Secretary of Justice, Landrón & Vera, LLP, and Eileen Landrón-Guardiola, were on brief, for appellants Pedro Pierluisi, Lydia Morales, Domingo Alvarez, Miguel Gierbolini, Ismael Castro, Ernesto Fernández.

Esther Castro-Schmidt, with whom Anabelle Rodríguez, Secretary of Justice, were on brief, for appellants José Fuentes-Agostini and Aníbal Torres.

Irma R. Valldejuli, on brief for appellee Claribel Rivera-Jiménez.

Mariángela Tirado-Vales, on brief for appellee Elisbel Maldonado-Rivera.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

Defendants-appellants seek to appeal the district court's denial of their summary judgment motions. The motions were predicated in part on a state official's qualified immunity from suit. Plaintiffs-appellees Claribel Rivera-Jiménez ("Rivera") and Elisbel Maldonado-Rivera ("Maldonado") challenge this court's jurisdiction to review the appeal. For the reasons stated below, we affirm in part and dismiss in part.

I.

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