United States First Circuit

In a suit by a former trust employee of the Metropolitan Bus Authority of Puerto Rico (MBA), against various public officials under 42 U.S.C. section 1983, alleging that a decision not to install him in a career attorney position in the MBA was politically motivated and was effected without due process of law, in violation of his First and Fourteenth Amendment rights, the District Court's grant of defendants' motion to dismiss all claims is: 1) affirmed as to dismissal of the due process claim as to all defendants, and as well, dismissal of the First Amendment claim as to all defendants, save for defendant Delgado; and 2) vacated as to the First Amendment claim against Delgado, where the complaint adequately alleges his involvement in the reinstatement decision.

Appellate Information

• Decided 07/12/2012
• Published 07/12/2012

Judges

• HOWARD

Court

• United States First Circuit

Counsel