United States First Circuit

In this interlocutory appeal arising from one of a number of cases in which Puerto Rican officials were displaced as a result of the November 2012 General Elections and thereafter brought suit for political discrimination and due process violations, the district court granted a preliminary injunction based on plaintiff's due process claim that, inter alia, vacated the appointment of his replacement and reinstated plaintiff. The case is remanded with instructions to vacate the preliminary injunction within thirty days of this opinion and for further proceedings, where: 1) since the district court issued its preliminary injunction, the Supreme Court of Puerto Rico has made clear the importance of these cases to the Commonwealth's own constitutional balance of powers, and the parties agree that the relief available under Commonwealth law is adequate here; and 2) as the parties not only fail to allege that Commonwealth law provides inadequate post-deprivation relief, but agree that Commonwealth remedies would be adequate, comity requires that this court declines to interfere on procedural due process grounds.

Appellate Information

• Decided 04/06/2015
• Published 04/06/2015

Judges

• Lynch

Court

• United States First Circuit

Counsel