Berrios-Romero v. Estado Libre Asociado de PR, No. 10-1442 (1st Cir. 2011)Annotate this Case
The inmate, convicted of second-degree murder in 1993 and violation of a domestic relations restraining order in 2010, filed suit under 42 U.S.C. 1983, based on a decision that he was ineligible for a pre-parole community diversion program. The district court dismissed. The First Circuit affirmed, holding that the claims were barred as res judicata. While the federal case was pending, the Puerto Rican Court of Appeals affirmed that the inmate was not entitled to participate in the program. The court took judicial notice of the decision, despite failure to provide a timely English translation and the government's failure to argue res judicata below.