WHITFIELD v. MUNICIPALITY OF FAJARDO

No. 08-1004.

564 F.3d 40 (2009)

Justin Lee WHITFIELD et al., Plaintiffs, Appellees, v. MUNICIPALITY OF FAJARDO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 23, 2009.


Attorney(s) appearing for the Case

Stephen S. Young, with whom Benjamin M. McGovern, Holland & Knight LLP, Etienne Totti Del Toro, and Totti & Rodríguez Díaz were on brief, for appellant.

John F. Nevares, with whom John F. Nevares & Associates, P.S.C. was on brief, for appellees.

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


SELYA, Circuit Judge.

This appeal compels us to wend our way through a tangled record, and leads us to an unexpected destination. Because the history of the case informs our decision, we start there.

The litigation that underlies this appeal had its genesis in an unspeakably tragic incident that occurred in Fajardo, Puerto Rico, on December 9, 2000. The grisly details are chronicled in an earlier opinion, see Whitfield...

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