Maloy v. Ballori-Lage, No. 12-1979 (1st Cir. 2014)
Annotate this CasePlaintiff was a real estate broker in Puerto Rico who was a vocal critic of the Puerto Rico Real Estate Examining Board. After the Board denied Plaintiff’s application for a license to establish a bilingual real estate school, Plaintiff filed suit against the Board and several individuals associated with it, claiming that the Board denied her a license in retaliation for her public criticism of the Board, thereby violating her First Amendment rights. The district court dismissed the complaint for failure to state a claim upon which relief could be granted, concluding that the Board had a legitimate non-discriminatory reason - the tardiness of Plaintiff’s application - for rejecting the application. The First Circuit Court of Appeals reversed vacated the district court’s judgment, holding that Plaintiff’s allegations plausibly stated a claim under 42 U.S.C. 1983. Remanded.
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