Castellar Pacheco v. Torres Maldonado

51 F. App'x 324

• Court: Court of Appeals for the First Circuit
• Decided: November 27, 2002
• Docket: 01-2485
• Status: Published

Opinion

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 Peñ-uelas, 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.