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MARRERO-MÉNDEZ v. CALIXTO-RODRÍGUEZ

No. 14-2030.

830 F.3d 38 (2016)

Alvin MARRERO-MÉNDEZ; Cynthia PÉrez-Valentín; Conjugal Partnership Marrero-Pérez, Plaintiffs, Appellees, v. Guillermo CALIXTO-RODRÍGUEZ, former Carolina Area Commander for the Puerto Rico Police Department; Mario Rivera, Chief of the Carolina Precinct of the Puerto Rico Police Department; Ricardo Cruz-Domínguez, Supervisor of the Puerto Rico Police Department, Defendants, Appellants, Héctor Pasquera, Superintendent of the Puerto Rico Police Department; William Orozco, Carolina Area Commander of the Puerto Rico Police Department, Defendants.

United States Court of Appeals, First Circuit.

July 19, 2016.

Attorney(s) appearing for the Case

Margarita Mercado-Echegaray , Solicitor General of the Commonwealth of Puerto Rico, with whom Andrés González-Berdecía , Assistant Solicitor General, was on brief, for appellants.

Heather L. Weaver , with whom Daniel Mach , New York, NY, the American Civil Liberties Union Foundation, Josué Gonzalez-Ortiz , William Ramirez , San Juan, PR, and the ACLU of Puerto Rico were on brief, for appellees.

Before Torruella, Lipez, and Thompson, Circuit Judges.

Plaintiff Alvin Marrero-Méndez ("Marrero"), an officer in the Puerto Rico Police Department ("PRPD"), filed a § 1983 action, claiming that his superior officers ("appellants") violated the Establishment Clause by holding a group prayer while on duty and punishing Marrero for his non-conformance. Appellants moved to...

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