NIEVES-LUCIANO v. HERNANDEZ-TORRES

Nos. 03-2520, 04-1169.

397 F.3d 1 (2005)

Milton NIEVES-LUCIANO; Gerardina Rivera-Galvan; Shawn Nieves-Rivera; Richard Nieves-Rivera; Joanne Nieves-Rivera, Plaintiffs, Appellants, v. Ramón HERNÁNDEZ-TORRES, in His Personal Capacity and as Mayor of the Municipality of Juana Díaz; Municipality of Juana Díaz, Defendants/Third-Party Plaintiffs, Appellees, v. Santiago Martínez-Irizarry, Third-Party Defendant.

United States Court of Appeals, First Circuit.

Decided January 28, 2005.


Attorney(s) appearing for the Case

Fredeswin Perez Caballero, with whom Jesus Hernandez-Sanchez and Hernandez Sanchez Law Firm were on brief, for appellants.

Johanna M. Emmanuelli Huertas, with whom Gina Ismalia Gutiérrez-Galang and Law Office Pedro E. Ortiz Alvarez, were on brief, for appellees.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

Milton Nieves-Luciano and his wife and children (collectively "appellants") sued the Municipality of Juana Díaz and its mayor, Ramón Hernández-Torres, (collectively "appellees") for terminating Nieves' public employment on account of his political affiliation. In so far as relevant to this appeal, the complaint alleged violations of the First Amendment and the Fourteenth Amendment's due process clause. After discovery, the district...

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