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United States First Circuit

Montanez-Allman v. Garcia-Padilla, 13-2384

This interlocutory appeal concerns a preliminary injunction, granted on due process grounds, that inter alia, reinstated plaintiff Montanez-Allman and vacated the political appointment of his replacement following the legislature's enactment of Law 75-2013 which abolished four positions, including Montanez-Allman's. When this extraordinary relief issued, the Puerto Rico Supreme Court had not yet issued its opinion in the nearly identical case of Diaz-Carrasquillo v. Garcia-Padilla, which confirmed the availability of relief in Commonwealth court. This case is remanded to the district court with instructions to vacate the preliminary injunction in light of the extraordinariness of the relief sought, the importance of this case to the Commonwealth's own constitutional balance of powers, and the relief now available under Diaz-Carrasquillo, which both parties agree is adequate.

Appellate Information

  • Decided 04/01/2015
  • Published 04/01/2015


  • Lynch


  • United States First Circuit


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