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SOTO-TORRES v. FRATICELLI

No. 10-1619.

654 F.3d 153 (2011)

German A. SOTO-TORRES, Plaintiff, Appellee, v. Luis FRATICELLI, Special Agent in Charge, Defendant, Appellant, Robert Mueller, Director of the Federal Bureau of Investigation; Conjugal Partnership Mueller-Doe; Conjugal Partnership Fraticelli-Doe; Ten Unknown Agents of the Federal Bureau of Investigation, Defendants.

United States Court of Appeals, First Circuit.

Decided August 19, 2011.

Attorney(s) appearing for the Case

H. Thomas Byron III , Appellate Staff, Civil Division, with whom Tony West , Assistant Attorney General, Rose E. Rodriguez-Velez , United States Attorney, and Barbara L. Herwig , Appellate Staff, Civil Division, were on brief, for appellant.

Francisco M. López-Romo , with whom Edgar R. Vega-Pabón was on brief, for appellee.

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

LYNCH, Chief Judge.

The question before us is whether the Special Agent in Charge (SAC) of the FBI's Puerto Rico operations, Luis Fraticelli, who is sued in his individual capacity, is entitled to qualified immunity on the grounds that German A. Soto-Torres's second amended complaint failed to meet the requirements of Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Soto-Torres brought suit asserting...

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