United States First Circuit

In a takings clause suit alleging the withholding of insurance premiums from Puerto Rico's compulsory liability insurance law, denial of qualified immunity for defendant is affirmed where plaintiff had standing to sue defendant and defendant was amenable to suit in his official capacity under the Eleventh Amendment, but reversed where defendant was entitled to qualified immunity from suit in his personal capacity.

Appellate Information

• Decided 03/01/2007
• Published 03/01/2007

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, GIBSON, Senior Circuit Judge, HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA,GIBSON,LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Eduardo do Vera Ramírez, with whom Julio César Alejandro Serrano and Landrón & Vera, LLP were on brief, for appellants.


• For Appellees:
  
• Veronica Ferraiuoli-Hornedo, with whom Rubén T. Nigaglioni, Rafael J. Martínez, and Nigaglioni & Ferraiuoli Law Offices, PSC were on brief, for appellee.