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MORALES-SANTIAGO v. HERNANDEZ-PEREZ

No. 06-1459.

488 F.3d 465 (2007)

Justo MORALES-SANTIAGO; Ricardo Pérez-Virella; Sonia Cedeño-Acosta; William Fernández-Aguila; Conjugal Partnership Fernández-Cedeño; Emely Ramos-Castillo; Samuel Rodríguez-Burgos, Plaintiffs, Appellants, v. José M. HERNÁNDEZ-PÉREZ, in his personal and official capacities; Alex Rodríguez; John Doe; Richard Roe, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 23, 2007.

Attorney(s) appearing for the Case

John F. Nevares, with whom Carlos R. Ramírez and John F. Nevares & Associates, P.S.C. were on brief, for appellants.

Sarah Y. Rosado-Morales, Assistant Solicitor General, 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 appellees.

Before TORRUELLA and LYNCH, Circuit Judges, and DiCLERICO, District Judge.

LYNCH, Circuit Judge.

This political affiliation case from Puerto Rico presents a few new twists.

In Rutan v. Republican Party of Illinois, 497 U.S. 62, 110 S.Ct. 2729, 111 L.Ed.2d 52 (1990), the Supreme Court held that non-policymaking governmental employees are protected by the First Amendment from discriminatory promotion, transfer, recall, or hiring on the basis of political affiliation. Id. at 79, 110 S.Ct...

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