Nunez-Colon v. Toledo-Davila, No. 09-1784 (1st Cir. 2011)
Annotate this CaseAfter a drug search, plaintiff, a 12-year veteran of the police force, notified his supervisor that he had $600 that had been found in the house. He followed instructions and returned the money to its owner. He was suspended without pay. The officer was acquitted of criminal charges before the suspension hearing, which occurred six months after his request. After the hearing, he was terminated from the department. The Investigation, Processing and Appeals Commission and Puerto Rico Court of Appeals affirmed. The federal district court ultimately dismissed all claims under 42 U.S.C. 1983. The First Circuit affirmed. The district court properly applied collateral estoppel; plaintiff had a full opportunity to litigate the issues at the administrative and state court levels and a "public policy" exception does not apply. Plaintiff's due process rights were not violated by the 14-day delay between his acquittal and the administrative hearing.
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