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AIR SUNSHINE, INC. v. CARL

No. 11-1088.

663 F.3d 27 (2011)

AIR SUNSHINE, INC.; Mirmohammad Adili; Air Sunshine de P.R., Inc., Plaintiffs, Appellees, v. Stephen M. CARL, Defendant, Appellant, Yvette Hau-Lepera; Sergio López, Defendants.

United States Court of Appeals, First Circuit.

Decided December 2, 2011.

Attorney(s) appearing for the Case

Kelsi Brown Corkran , Appellate Staff Attorney, with whom Tony West , Assistant Attorney General, Rosa E. Rodríguez-Vélez , United States Attorney, and Barbara L. Herwig , Appellate Staff Attorney, were on brief, for appellant.

Ronnie Adili , with whom Vincent F. Vaccarella , Vincent F. Vaccarella, P.A., Carlos J. Morales Bauzá , and Rosselló & Morales, CSP, were on brief, for appellees.

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

LYNCH, Chief Judge.

This is an appeal from a magistrate judge's denial of a motion to dismiss two claims in a complaint against a federal employee on qualified immunity grounds under Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

The plaintiffs—Air Sunshine, an airline based in Florida and Puerto Rico, and its owner, Mirmohammad Adili (collectively, Air Sunshine)—brought suit...

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