Luisa Rivera-Lugaro v. Johnny Rullan

Not For Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 04-1400
LUISA RIVERA-LUGARO,
Plaintiff, Appellee,
v.
JOHNNY RULLAN,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jaime Pieras, Jr., U.S. District Judge]
Before
Boudin, Chief Judge,
Torruella and Lynch, Circuit Judges.
Anabelle Rodriguez, Secretary of Justice, Ivonne Palerm,
Deputy Secretary of Justice, Frederic Chardon Dubos, Julio C.
Alejandro Serrano and Landron & Vera, LLP on Motion for appellant.
Jose Juan Nazario De La Rosa, Nazario & Santiago and Charles
S. Hey-Maestre on Motion for appellee.
July 14, 2004

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Per Curiam. Because the case arises on a motion to dismiss
the complaint and not on summary judgment we must assume that facts
most favorable to plaintiff within the confines of the complaint
could be proved; and on such an assumption, there appear to be
possible motivations for the discharge that could give rise to
first amendment claims under clearly established law even though
the plaintiff occupied a position that could justify a discharge
based upon ordinary political considerations. Accordingly, it is
not possible to determine at this stage whether a claim of
qualified immunity should prevail.
Affirmed. See 1st Cir. Loc. R. 27(c)

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