MONTAÑEZ-ALLMAN v. GARCíA-PADILLA

No. 13-2384.

782 F.3d 42 (2015)

Agustin MONTAÑEZ-ALLMAN, Plaintiff, Appellee, Mercedes Peguero-Moronta; Jean Pierre Peguero-Moronta; Agustin Montañez-Peguero; Jean Pierre Montañez-Peguero; Nicole Marie Montañez-Peguero, Plaintiffs, v. Alejandro GARCÍA-PADILLA; Elizabeth López-Cabrera, Defendants, Appellants, Miguel A. Pereira-Castillo; Bienvenido Ramos; Carlos Rivas-Quiñones; Manuel Rivera-Garcia; Senate of the Commonwealth of Puerto Rico; Ingrid Vila-Biaggi; Eduardo Bhatia-Gautier; Jorge Irizarry-Vizcarrondo; Héctor López; Rossana Lopez-León, Defendants.

United States Court of Appeals, First Circuit.

April 1, 2015.


Attorney(s) appearing for the Case

Margarita L. Mercado-Echegaray , Solicitor General, Puerto Rico Department of Justice, for appellants.

Fredeswin Pérez-Caballero , with whom Pérez-Caballero Law Office was on brief, for appellee.

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


When the government of Puerto Rico changed hands following the November 2012 General Elections, the legislature enacted Law 75-2013 ("Law 75") which repealed Reorganization Plan No. 1-2011 ("2011 Reorganization Plan") and in doing so purportedly "abolished" four positions that the 2011 Reorganization Plan had created. At the...

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