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.
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