United States First Circuit

In plaintiffs' civil rights case against the members of the State Electoral Commission of Puerto Rico challenging the Commission's decision to print ballots in the November 2008 elections solely in Spanish, district court's judgment in favor of the plaintiffs and a permanent injunction compelling the Commission to print bilingual ballots is vacated and remanded where: 1) the district court's judgment should be vacated because it was rendered moot by an independent, intervening act of legislation mandating the Commission to use bilingual ballots under Puerto Rican law; 2) plaintiffs were prevailing parties entitled to attorney's fees for the costs of the district court litigation notwithstanding the subsequent mootness; 3) district court did not abuse its discretion in reducing plaintiffs' award of attorney's fees; and 4) motion for substitution of parties by the defendant, former President of the Commission, is granted.

Appellate Information

• Decided 11/19/2009
• Published 11/19/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and RIPPLE , Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Noel S. González-Miranda with whom González Miranda & González Abella PSC was on brief for appellants.


• For Appellees:
  
• Eliezer Aldarondo Ortiz with whom Eliezer A. Aldarondo and Aldarondo & López Bras were on brief for appellees-cross-appellants.