United States First Circuit

In a 42 U.S.C. section 1983 suit brought by a former official of a significant unit within the Puerto Rico National Guard alleging he was terminated from that position on account of his political affiliation, an order denying officials-defendants' qualified immunity defense is vacated and remanded where: 1) in light of past precedents, plaintiff's position was not unequivocally insulated from political dismissal; and 2) while plaintiff may seek injunctive relief for his termination, he could not obtain monetary relief from individual defendant-officials in their personal capacities.

Appellate Information

• Decided 05/21/2008
• Published 05/21/2008

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SELYA, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Jorge Martínez-Luciano with whom William O'Connor was on brief, for defendants, appellants., Efraín Maceira-Ortiz, for appellees.