CA1: Even the “Secretary of Justice” can’t get a 12(b)(6) in a “fired a prosecutor for political reasons” suit

Calderon-Garnier v. Rodriguez, No. 06-2222.  This is a Puerto Rican political discrimination case.  But, unlike others it was brought by a prosecutor.  (See even the Puerto Government is following the “Goodling Doctrine.”)

The District Court denied motions to dismiss based on qualified immunity and a statute of limitations issue.  The “Secretary of Justice” took an interlocutory appeal.  The First says that the District Court was right: the complaint alleges enough facts to support an inference of political discrimination.  It doesn’t matter whether the defendant denies it.

And, of course, “The denial of a motion to dismiss on statute of limitations grounds is such a nonappealable interlocutory order.”  But we all knew that.

Macondo Law  comments here.