Garcia v. Irizarry

CourtCourt of Appeals for the First Circuit
DecidedAugust 24, 1994
Docket93-2098
StatusPublished

This text of Garcia v. Irizarry (Garcia v. Irizarry) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. Irizarry, (1st Cir. 1994).

Opinion

USCA1 Opinion


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 93-2098

FRANCISCA MARRERO-GARCIA, THE
OTHER PLAINTIFFS THAT APPEAR
IN ADDENDUM NUMBER I ATTACHED
TO THE COMPLAINT WHICH
NUMBER 367 PERSONS,

Plaintiffs - Appellants,

v.

MARIA MARGARITA IRIZARRY, ENGINEER
AND EXECUTIVE DIRECTOR OF THE
PUERTO RICO ACUEDUCT AND
SEWAGE AUTHORITY IN HER PERSONAL
AND OFFICIAL CAPACITY, ET AL.,

Defendants - Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Jaime Pieras, Jr., Senior U.S. District Judge]
__________________________

____________________

Before

Breyer,* Chief Judge,
___________

Torruella and Selya, Circuit Judges.
______________

_____________________

Jes s Hern ndez S nchez, with whom Hern ndez S nchez Law
________________________ ______________________
Firm, Ariel O. Caro P rez and Law Offices of Alvaro R. Calder n,
____ ____________________ __________________________________
Jr., were on brief for appellants.
___

____________________

* Chief Judge Stephen Breyer heard oral argument in this matter,
but did not participate in the drafting or the issuance of the
panel's opinion. The remaining two panelists therefore issue
this opinion pursuant to 28 U.S.C. 46(d).

Georgiana S. Col n, with whom Edgardo Col n Arrar s, Goldman
__________________ _____________________ _______
Antonetti C rdova & Axtmayer, Enrique J. Mendoza-M ndez, Law
______________________________ __________________________ ___
Offices of Enrique J. Mendoza M ndez, Mirta E. Rodr guez Mora,
______________________________________ ________________________
Department of Justice, Federal Litigation Division, Manuel E.
__________
Izquierdo, Arturo Tr as, and Tr as, Acevedo & D az, were on brief
_________ ____________ _____________________
for appellees.

____________________

August 24, 1994
____________________

-2-

TORRUELLA, Circuit Judge. Plaintiffs-appellants are a
_____________

group of residents of Condominium Bah a-A, located at Calle Las

Palmas in Santurce, Puerto Rico ("the residents"). The residents

brought this 42 U.S.C. 1983 action for injunctive relief and

damages after the defendants-appellees, the Puerto Rico Aqueduct

and Sewer Authority ("PRASA") and its officers, suspended water

services to the Condominium for a period of ten days. Plaintiffs

allege that by suspending water services, PRASA deprived them of

their property without due process of law.

The district court found that under the circumstances

of this case, the residents did not have a protected property

interest in continued water service and, therefore, dismissed the

suit on summary judgment. This appeal followed. We affirm the

district court's decision.

I.
I.

STANDARD OF REVIEW
STANDARD OF REVIEW
__________________

Federal Rule of Civil Procedure 56(c) provides for

entry of summary judgment when "the pleadings, depositions,

answers to interrogatories, and admissions on file, together with

the affidavits, if any, show that there is no genuine issue as to

any material fact and that the moving party is entitled to

judgment as a matter of law." A party opposing a motion for

summary judgment "must set forth specific facts showing that

there is a genuine issue for trial." Fed. R. Civ. P. 56(e); Mack
____

v. Great Atlantic & Pacific Tea Co., 871 F.2d 179, 181 (1st Cir.
________________________________

1989).

-3-

We review a district court's grant of summary judgment

de novo, viewing the record in the light most favorable to the
_______

nonmoving party and drawing all reasonable inferences in the

nonmoving party's favor. LeBlanc v. Great American Ins. Co., 6
_______ ________________________

F.3d 836, 841 (1st Cir. 1993). "[W]e must reverse if we find

that issues of fact which were adequately raised below need to be

resolved before the related legal issues can be decided." Mack,
____

871 F.2d at 181.

II.
II.

BACKGROUND
BACKGROUND
__________

The facts of this case are set forth in the district

court's opinion, Garc a v. Irizarry, 829 F. Supp. 523, 525
______ ________

(D.P.R. 1993). Here, we quote only those facts relevant to this

appeal.

Condominium Bah a-A (hereinafter "the
Condominium") is a 234-unit housing
project which was originally owned and
developed by the Corporaci n de
Renovaci n Urbana y Vivienda ("CRUV"), a

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