Civil Procedure Keyed to Subrin
Gomez v. Toledo
Plaintiff brought an action against Defendant, the Superintendent of the Police of the Commonwealth of Puerto Rico. In 1976 criminal charges had been brought against Plaintiff, and he was fired without a hearing. Plaintiff asserted that he is entitled to his old job back because the District Court of Puerto Rico found no probable cause that he was guilty of the criminal charges. Following a hearing, Plaintiff was reinstated with the Criminal Bureau and given back pay. He then filed suit alleging that his initial discharge had caused him anxiety, embarrassment and damage to his reputation. Defendant moved to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court granted the motion, observing that Defendant was entitled to qualified immunity for acts done in good faith within the scope of his official duties, such that Plaintiff was required to assert bad faith in his pleadings to survive the motion. After the First Circuit Court of Appeals affirme d, the Supreme Court of the United States granted certiorari.
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