Diaz-Carrasquillo v. Garcia-Padilla, No. 13-2277 (1st Cir. 2014)
Annotate this CaseIn 2011, the then-Governor of Puerto Rico appointed Plaintiff to the position of Advocate for Persons with Disabilities. In 2013, new legislation established an Office of the Ombudsman for Personal with Disabilities. Plaintiff was subsequently informed that an Ombudsman had been appointed and that his position had been abolished by legislative act. Plaintiff sued the Governor and other officials for attempting to oust him from his job as Advocate, claiming that it was unconstitutional for Puerto Rico to abolish the Advocate position without an individualized hearing. The district court issued a preliminary injunction in favor of Plaintiff. The First Circuit Court of Appeals vacated the district court’s order, concluding that the court erred in finding that Plaintiff had demonstrated a likelihood of success on the merits where there was no viable claim that the abolition of the Advocate Office independently violated some constitutional proscription.
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