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SAN GERÓNIMO CARIBE PROJECT v. ACEVEDO-VILÁ

No. 09-2566.

687 F.3d 465 (2012)

SAN GERÓNIMO CARIBE PROJECT, INC., Plaintiff, Appellant, v. Hon. Aníbal ACEVEDO-VILÁ, in his individual and personal capacity; Hon. Roberto Sánchez-Ramos, in his individual and personal capacity; Luis A. Vélez-Roche, P.E., in his individual and personal capacity; John Doe; Jane Doe, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 24, 2012.

Attorney(s) appearing for the Case

Richard H. Fallon, Jr. , with whom John M. García , García & Fernandez, and Orlando Fernández were on brief, for appellant.

Susana I. Peñagarícano-Brown , Assistant Solicitor General, Department of Justice, with whom Luis R. Román-Negrón , Solicitor General, was on brief, for appellees.

Sookyoung Shin , Assistant Attorney General, with whom Martha Coakley , Attorney General of Massachusetts, William J. Schneider , Attorney General of Maine, and Michael A. Delaney , Attorney General of New Hampshire, were on brief, for the Commonwealth of Massachusetts and the States of Maine and New Hampshire, amici curiae.

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

En Banc

LYNCH, Chief Judge.

This en banc opinion addresses whether the mistaken invocation by state officials of emergency powers granted by state law to stay a major construction project gives rise to a federal claim of denial of procedural due process under the Parratt-Hudson doctrine, as developed in Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420...

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