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GARNIER v. RODRIGUEZ

No. 06-2222.

506 F.3d 22 (2007)

Carlos Calderón GARNIER, Plaintiff, Appellee, v. Hon. Anabelle RODRÍGUEZ, in her personal capacity and as former Secretary of the Puerto Rico Department of Justice, Defendant, Appellant, Hon. Roberto Sanchez Ramos, in his personal capacity and official capacity as acting Secretary of Justice; Pedro Goyco Amador, in his personal and official capacity as Prosecutor General of the Department of Justice; Cruz Estevez de Gonzalez in her personal and official capacity as District Attorney of the Puerto Rico Department of Justice; Hon. Sila Maria Calderón, in her personal and official capacity as former Governor of the Commonwealth of Puerto Rico; John Doe, unknown persons who acted or conspired violating Plaintiff's constitutional rights and caused damages, Defendants.

United States Court of Appeals, First Circuit.

Decided October 22, 2007.

Attorney(s) appearing for the Case

Israel Roldán González, for appellee.

Eduardo A. Vera Ramírez, with whom Roberto Sanchez Ramos, Secretary of Justice, Salvador Antonetti Stutts, Solicitor General, Leticia Casalduc, Auxiliary Solicitor General, Eileen Landrón Guardiola, Luis A. Rodríguez Muñoz, Julio César Alejandro Serrano, and Landrón & Vera, LLP. were on brief for appellant.

Before LIPEZ and NEWMAN, Circuit Judges, and SELYA, Senior Circuit Judge.

NEWMAN, Circuit Judge.

Carlos Calderón Garnier was dismissed from his position as an Assistant District Attorney for the Commonwealth of Puerto Rico, by letter of dismissal from then Governor Sila Maria Calderón, dated May 12, 2004. On May 11, 2005, Mr. Calderón Garnier appealed to the United States District Court for the District of Puerto Rico, invoking 42 U.S.C. § 1983 and asserting that the dismissal, the events leading to it, and the process...

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