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ACEVEDO-LUIS v. PAGAN

No. 06-1567.

478 F.3d 35 (2007)

Justino ACEVEDO-LUIS, Plaintiff, Appellant, v. Mercedes PAGÁN, in her personal capacity and in her official capacity as Aguadilla Regional Director, Family Department, Defendant, Appellee, Yolanda Zayas, in her personal capacity and in her official capacity as Secretary, Department of the Family, Defendant.

United States Court of Appeals, First Circuit.

Decided February 21, 2007.

Attorney(s) appearing for the Case

Israel Roldán González on brief for appellant.

Susana I. Peñagarícano-Brown, Assistant Solicitor General, Salvador J. Antonetti-Stutts, Solicitor General, Mariana D. Negrón-Vargas, Deputy Solicitor General, Maite D. Oronoz-Rodríguez, Deputy Solicitor General, on brief for appellee.

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

LYNCH, Circuit Judge.

Plaintiff Justino Acevedo-Luis brought suit pursuant to 42 U.S.C. § 1983, claiming a violation of his First Amendment rights. The case was tried before a jury, and there was testimony that Mercedes Pagán, an official in the Puerto Rico Family Department, transferred Acevedo-Luis to a new job where he had very little to do. Throughout, the Family Department retained plaintiff on its payroll. Based on these and other facts, the jury concluded...

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