United States First Circuit

Denial of motion to dismiss on grounds of qualified immunity in a suit against the governor of Puerto Rico is reversed where the plaintiff corporation failed to show that: 1) the defendant's actions both shocked the conscience and deprived it of a protected interest; and 2) the alleged disparate treatment resulted from a gross abuse of power.

Appellate Information

• Decided 05/16/2006
• Published 05/16/2006

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, HANSEN, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Susana I. Peñagaricano-Brown, Assistant Solicitor General, with whom Salvador J. Antonetti-Stutts, Solicitor General, Mariana Negrón-Vargas and Maite D. Oronoz-Rodríguez, Deputy Solicitors General, were on brief, for appellant.


• For Appellees:
  
• Guillermo F. DeGuzmán, with whom DeGuzmán & Gierbolini Law Offices, P.S.C. was on brief, for appellees.