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CEPERO-RIVERA v. FAGUNDO

No. 04-1401.

414 F.3d 124 (2005)

Frank CEPERO-RIVERA; Jennifer Cepero-Salgado, Plaintiffs, Appellants, v. Engineer Fernando E. FAGUNDO, Executive Director of the Puerto Rico Highway Authority (PRHA); Harry Díaz-Vega, Area Director for Human Resources of PRHA; Roberto Santiago-Cancel, Auxiliary Director of Human Resources of PRHA; Eric Ramíreznazario, Samuel De La Rosa, William Vega, All Three Members of the Appeals Committee of the PRHA; Howard Phillip Figueroa, Auxiliary Administrative Officer of the PRHA; Puerto Rico Highway Authority; José Izquierdo-Encarnación, Secretary of the Department of Transportation and Public Works, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 1, 2005.

Attorney(s) appearing for the Case

Jesús Hernández-Sánchez, with whom Raúl Barrera-Morales, Fredeswin Pérez-Caballero and Jesús Hernández-Sánchez Law Firm, were on brief, for appellants.

Gloriana S. Hita-Valiente, with whom Llovet Zurinaga & López, PSC, was on brief, for appellees.

Ineabelle Santiago-Camacho, with whom Beatriz Annexy Guevara and Reichard & Escalera, were on brief, for appellee Puerto Rico Highway Authority.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CARTER, Senior District Judge.

TORRUELLA, Circuit Judge.

Plaintiff-appellant Frank Cepero-Rivera was the Director of Labor Affairs of the Human Resources Department of the Puerto Rico Highway Authority ("PRHA"), until he was terminated for violations of the PRHA's Rules and Regulations. Cepero-Rivera and his daughter, Jennifer Cepero-Salgado, claim that Cepero-Rivera's termination was motivated by his political affiliation in violation of his constitutional...

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