[NOT FOR PUBLICATION - NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 01-2485
NELSON CASTELLAR PACHECO, ET AL.,
Plaintiffs, Appellees,
v.
WALTER TORRES MALDONADO, ET AL.,
Defendants, Appellants.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Carmen Consuelo Cerezo, U.S. District Judge]
Before
Boudin, Chief Circuit Judge,
Howard, Circuit Judge,
and Shadur,* Senior District Judge
Luis E. Pabon-Roca, with whom Ernesto G. López Soltero was on
brief, for appellant.
Claudio Aliff-Ortiz, with whom Pablo Landrau-Pirazzi and
Aldarondo & Lopez Bras were on brief, for appellees.
November 27, 2002
*Of the Northern District of Illinois, sitting by designation.
Per Curiam. This case comes to us after a jury found the
plaintiffs had suffered adverse employment consequences due to
their political affiliation. The defendants-appellants, who are
the mayor and three other officials of the municipal government of
Peñuelas, Puerto Rico as well as the municipality itself, have
appealed the denial of their post-trial motion for judgment as a
matter of law.
The municipal officials were sued in both their official
and individual capacities. They have not appealed as individuals,
and in fact the monetary judgments below have been satisfied by
payments on their behalf to the plaintiffs-appellees.
Consequently, the parties have agreed that, but for an issue
involving reinstatement of one of the plaintiffs, Nelson Castellar
Pacheco, this appeal may be dismissed as moot. As to the
reinstatement of Castellar Pacheco, there has not been an appeal
taken from the post-trial order granting his reinstatement. See
Fed. R. App. P. 3(c)(1)(B) (notice of appeal must designate
judgment or order appealed from).
Accordingly, the appeal is dismissed.
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