CONCEPCIÓN CHAPARRO v. RUIZ-HERNÁNDEZ

No. 08-1989.

607 F.3d 261 (2010)

Carlos CONCEPCIÓN CHAPARRO; Maritza Acevedo-Orama; Yaritza Acevedo-Orama; Elizabeth Acevedo-Orama; Migdalia Acevedo-Orama; José A. Méndez-Valle; Angel Castro-González; Miguel A. Cortés-Román; William Rosa-Figueroa; Miguel Torres-Pérez; Edwin Acevedo-Acevedo; Raúl Paneto-Colón; Maria Paneto-Colón; Gilberto Vargas-Ríos; Amilcar Muñiz-Rosado; Adelaida Rosario-Galloza; Ángel L. Jiménez-Acevedo; Edwin Villarrubia-Soto; José Villanueva-Rodríguez; José A. Cuevas-Hernández; Elba I. Quintana-Román; Ramonita Acevedo-Muñoz; Pablo Villanueva-Ruiz; Thualia Muñiz-Santoni; Glorivee Suárez; Ramonita Rodríguez-Varela; Aníbal Méndez-Acevedo, Plaintiffs, Appellees, Eileen S. Sánchez-Feliciano; Santiago Hernández-Ruiz, Plaintiffs, v. Miguel A. RUIZ-HERNÁNDEZ, in his official capacity as mayor of the Municipality of Aguada and in his personal capacity; Glenda L. Peña-Muñoz, in her official capacity as the Municipality of Aguada's human resources director and in her personal capacity; Aníbal Mendoza, in his official capacity as the Municipality of Aguada's public works director and in his personal capacity, Defendants/Third-Party Plaintiffs, Appellants, Municipality of Aguada, Puerto Rico, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 3, 2010.


Attorney(s) appearing for the Case

Susana I. Peñagarícano-Brown, Assistant Solicitor General, with whom Irene S. Soroeta-Kodesh, Solicitor General, Leticia Casalduc-Rabell, Deputy Solicitor General, and Zaira Z. Girón-Anadón, Deputy Solicitor General, were on brief for appellants Miguel A. Ruiz-Hernández and Glenda L. Peña-Muñoz, in their personal capacities.

Lizabel M. Negrón, for appellant Municipality of Aguada.

Claudio Aliff-Ortiz, with whom Eliezer Aldarondo-Ortiz, Eliezer A. Aldarondo-Lopez and Aldarondo & López Bras, were on brief for appellees.

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


LYNCH, Chief Judge.

This is the second appearance here of a civil rights suit under 42 U.S.C. § 1983 brought by a group of twenty-two contract employees against the Municipality of Aguada in Puerto Rico and two municipal officers. See Acevedo-Feliciano v. Ruiz-Hernández (Acevedo-Feliciano IV), 447 F.3d 115 (1st Cir.2006). That opinion, with which we assume familiarity, states the underlying facts.

In the earlier...

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