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BORGES COLON v. ROMAN-ABREU

No. 04-1221.

438 F.3d 1 (2006)

Samuel BORGES COLÓN, et al., Plaintiffs, Appellees, Lisa Marie de Jesus Flores, et al., Plaintiffs, v. José R. ROMÁN-ABREU; Juan A. Norat-Flores, Defendants, Appellants, Iraida Hornedo, Defendant.

United States Court of Appeals, First Circuit.

Decided February 6, 2006.

Attorney(s) appearing for the Case

José J. Sánchez Vélez and Rafael A. Robles Díaz, Commonwealth of Puerto Rico, Department of Justice, Civil Rights Legal Task Force, with whom Yldefonso López Morales and O'Neill & Borges Law Firm were on brief, for appellants.

Claudio Aliff-Ortiz, with whom Pablo Landrau Pirazzi and Aldarondo & López Bras were on brief, for appellees.

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

LYNCH, Circuit Judge.

This is the latest in a series of cases which involve the tension between a newly elected administration's ability to reorganize government, on the one hand, and, on the other hand, two constitutional limitations — the First Amendment's prohibitions against discriminating against government employees based on their political affiliation and the Fifth and Fourteenth Amendments' prohibitions against...

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