MARTINEZ-VELEZ v. REY-HERNANDEZ

Nos. 06-1409, 06-1410, 06-1411, 06-1412.

506 F.3d 32 (2007)

Jesús MARTINEZ-VÉLEZ; Juan F. Martínez-Nieves; Harry J. Rivera-Lugo; Miguel A. Vega-Barreiro; Ricardo J. Castillo-Montesino; José R. Castillo-Montesino; Orlando Tollens-Ortiz; Edith Pérez-Posso; Luis A. García-González; Socorro Avilés-Pérez; Marangeli Rivera-Collazo, Plaintiffs, Appellees, José A. Reyes-Cañada; José A. Rivera-Torres; Roberto Ramírez-Santos; Israel L. Pabón-Torres; Iris Rivera-Ruiz, Plaintiffs, v. César REY-HERNÁNDEZ, in his official capacity as Secretary of the Puerto Rico Department of Education and in his personal capacity; Lizzette Pillich-Otero, in her official capacity as Assistant Secretary for Human Resources of the Puerto Rico Department of Education and in her personal capacity; María Celia Rivera, in her official capacity as Assistant Secretary for General Services of the Puerto Rico Department of Education and in her personal capacity; Rafael Aragunde, Defendants, Carmen I. Motta-Montañez, in her official capacity as Director of the Legal Division of the Puerto Rico Department of Education and in her personal capacity; José A. Rivera-Saurí, in his official capacity as Transportation Supervisor of the Puerto Rico Department of Education and his personal capacity, Defendants, Appellants. Jesús Martínez-Vélez; Juan F. Martínez-Nieves; Harry J. Rivera-Lugo; Miguel A. Vega-Barreiro; Ricardo J. Castillo-Montesino; José R. Castillo-Montesino; Orlando Tollens-Ortiz; Edith Pérez-Posso; Luis A. García-González; Socorro Avilés-Pérez; Marangeli Rivera-Collazo, Plaintiffs, Appellees, José A. Rivera-Torres; Roberto Ramírez-Santos; Israel I. Pabón-Torres; José A. Reyes-Cañada; Iris Rivera-Ruiz, Plaintiffs, César Rey-Hernández, in his official capacity as Secretary of the Puerto Rico Department of Education and in his personal capacity; Carmen I. Motta-Montañez, in her official capacity as Director of the Legal Division of the Puerto Rico Department of Education and in her personal capacity; María Celia Rivera, in her official capacity as Assistant Secretary for General Services of the Puerto Rico Department of Education and in her personal capacity; José A. Rivera-Saurí, in his official capacity as Transportation Supervisor of the Puerto Rico Department of Education and his personal capacity; Rafael Aragunde, Defendants, Lizzette Pillich-Otero, in her official capacity as Assistant Secretary for Human Resources of the Puerto Rico Department of Education and in her personal capacity, Defendant, Appellant. Jesús Martínez-Vélez; Juan F. Martínez-Nieves; Harry J. Rivera-Lugo; Miguel A. Vega-Barreiro; Ricardo J. Castillo-Montesino; Orlando Tollens-Ortiz; Edith Pérez-Posso; Luis A. García-González; Socorro Avilés-Pérez; Marangeli Rivera-Collazo; José R. Castillo-Montesino, Plaintiffs, Appellees, José A. Rivera-Torres; Roberto Ramírez-Santos; Israel I. Pabón-Torres; José A. Reyes-Cañada; Iris Rivera-Ruiz, Plaintiffs, v. César Rey-Hernández, in his official capacity as Secretary of the Puerto Rico Department of Education and in his personal capacity, Defendant, Appellant, Lizzette Pillich-Otero, in her official capacity as Assistant Secretary for Human Resources of the Puerto Rico Department of Education and in her personal capacity; Carmen I. Motta-Montañez, in her official capacity as Director of the Legal Division of the Puerto Rico Department of Education and in her personal capacity; María Celia Rivera, in her official capacity as Assistant Secretary for General Services of the Puerto Rico Department of Education and in her personal capacity; José A. Rivera-Saurí, in his official capacity as Transportation Supervisor of the Puerto Rico Department of Education and his personal capacity; Rafael Aragunde, Defendants. Jesús Martínez-Vélez; Juan F. Martínez-Nieves; Harry J. Rivera-Lugo; Miguel A. Vega-Barreiro; José R. Castillo-Montesino; Orlando Tollens-Ortiz; Luis A. García-González; Ricardo J. Castillo-Montesino; Edith Pérez-Posso; Socorro Avilés-Pérez; Marangeli Rivera-Collazo, Plaintiffs, Appellees, José A. Rivera-Torres; Roberto Ramírez-Santos; Israel L. Pabón-Torres; Iris Rivera-Ruiz; José A. Reyes-Cañada, Plaintiffs, v. César Rey-Hernández, in his official capacity as Secretary of the Puerto Rico Department of Education and in his personal capacity; Lizzette Pillich-Otero, in her official capacity as Assistant Secretary for Human Resources of the Puerto Rico Department of Education and in her personal capacity; Carmen I. Motta-Montañez, in her official capacity as Director of the Legal Division of the Puerto Rico Department of Education and in her personal capacity; María Celia Rivera, in her official capacity as Assistant Secretary for General Services of the Puerto Rico Department of Education and in her personal capacity; José A. Rivera-Saurí, in his official capacity as Transportation Supervisor of the Puerto Rico Department of Education and his personal capacity, Defendants, Rafael Aragunde; Secretary of Education, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 23, 2007.


Attorney(s) appearing for the Case

Edward W. Hill-Tollinche with whom Quiñones & Sánchez, P.S.C., was on brief, for Lizzette Pillich-Otero.

Luis A. Rodríguez-Muñoz with whom Roberto Sánchez-Ramos, Secretary of Justice, Salvador Antonetti-Stutts, Solicitor General, Eileen Landrón-Guardiola, Eduardo Vera-Ramírez and Landrón & Vera, LLP, were on brief, for César Rey-Hernández, Carmen I. Motta-Montañez and José A. Rivera-Saurí.

Zulema E. Martínez-Alvarez with whom Salvador J. Antonetti-Stutts, Solicitor General, Mariana D. Negrón-Vargas, Deputy Solicitor General, and Maite D. Oronoz-Rodríguez, Deputy Solicitor General, were on brief, for Rafael Aragunde, in his official capacity as Secretary of Education.

Michael Craig McCall with whom Eliezer Aldarondo-Ortiz, Iván Castro-Ortiz, Sheila Torres-Delgado and Aldarondo & López Bras, were on brief, for plaintiffs, appellees.

Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.


BOUDIN, Chief Judge.

On November 7, 2000, Puerto Rico's incumbent New Progressive Party ("NPP") was defeated by its primary opponent, the Popular Democratic Party ("PDP"), in the gubernatorial election. The governor-elect chose Cesar Rey-Hernandez to serve as Secretary of Education in the new administration, and Rey took office on January 8, 2001. Events, mostly occurring after Rey took office, led certain employees of the...

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