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IRIZARRY v. U.S.

No. 05-1205.

427 F.3d 76 (2005)

Ivan E. IRIZARRY, Plaintiff, Appellant, v. UNITED STATES; U.S. Small Business Administration; Hector V. Barreto, Administrator, U.S. Small Business Administration; Monika Edwards Harrison, Chief Human Capital Officer, U.S. Small Business Administration; Mary Anne Gladden, Deputy Chief Human Capital Officer, U.S. Small Business Administration; John D. Whitmore, Counselor to the Administrator, U.S. Small Business Administration; Michael J. Pappas, Regional Administrator, Region II and Associate Administrator for Field Operations, U.S. Small Business Administration; John Does 1-5; Jane Does 1-5, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 21, 2005.

Attorney(s) appearing for the Case

Celina Romany, with whom Rafael M. Arrillaga Romany and Celina Romany Law Offices, were on brief, for appellant.

Gary Fox, Assistant General Counsel, United States Small Business Administration, with whom H.S. García, United States Attorney, Miguel A. Fernández, Assistant United States Attorney and Isabel Munoz-Acosta, Assistant United States Attorney, were on brief, for appellee.

Before LIPEZ, HOWARD, Circuit Judges, and Restani, Judge.

HOWARD, Circuit Judge.

Ivan E. Irizarry, an employee of the United States Small Business Administration (SBA), sued his employer and several SBA employees (collectively, the government) to challenge his transfer from Puerto Rico to Illinois as being unconstitutionally motivated by his political affiliation with the Democratic Party. The district dismissed the complaint and Irizarry appeals. We affirm.

We review the...

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