United States First Circuit

Dismissal of a civil rights action under 42 U.S.C. section 1983 and denial of a subsequent motion for relief from judgment are reversed and remanded where the district court abused its discretion in dismissing the case on the ground that plaintiffs failed to comply with its order to appear by March 1, 2006, since the plaintiffs satisfied the plain language of the order by appearing and filing a pro se motion.

Appellate Information

• Decided 04/06/2007
• Published 04/06/2007

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Eugene F. Hestres-Vélez, with whom Eugene F. Hestres-Rodríguez and Bird Bird & Hestres, P.S.C. were on brief, for appellants.


• For Appellees:
  
• Aníbal Escanellas-Rivera, was on brief, for appellee Unión de Personal Profesional, Administrativo, Secretarial y de Oficina (PASO)., Julio C. Alejandro-Serrano, with whom Roberto Sánchez-Ramos, Secretary of Justice, Salvador Antonetti-Stutts, Solicitor General, Eileen Landrón-Guardiola, Eduardo Vera-Ramírez, Luis A. Rodríguez-Muñoz, and Landrón & Vera, LLP, were on brief, for appellees Víctor Fajardo-Vélez, et al.