Centro de Periodismo Investigativo, Inc. v. Financial Oversight & Management Board for Puerto Rico, No. 21-1301 (1st Cir. 2022)
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In this interlocutory appeal, the First Circuit affirmed the judgment of the district court denying Defendant's motion to dismiss this suit pursuant to both the Eleventh Amendment and the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), 48 U.S.C. 2101 et seq., holding that the district court did not err.
The plaintiff in this case was the Centro de Periodismo Investigativo (CPI), a non-profit media organization based in Puerto Rico. Plaintiff sued the Financial Oversight and Management Board for Puerto Rico, alleging that the Board improperly ignored their requests for documents or provided less than complete responses in violation of P.R. Const. 4. The Board moved to dismiss the claim for lack of subject-matter jurisdiction and for failure to state a claim. The district court denied the motion. The First Circuit affirmed, holding that Defendants were not entitled to Eleventh Amendment sovereign immunity.
The court issued a subsequent related opinion or order on May 23, 2022.
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