921 F.2d 393 (1st Cir. 1990), 90-1125, Rivera v. Puerto Rico Telephone Co.

Docket Nº:90-1125, 90-1527.
Citation:921 F.2d 393
Party Name:Elias RIVERA, et al., Plaintiffs, Appellants, v. PUERTO RICO TELEPHONE COMPANY, et al., Defendants, Appellees.
Case Date:December 21, 1990
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
FREE EXCERPT

Page 393

921 F.2d 393 (1st Cir. 1990)

Elias RIVERA, et al., Plaintiffs, Appellants,

v.

PUERTO RICO TELEPHONE COMPANY, et al., Defendants, Appellees.

Nos. 90-1125, 90-1527.

United States Court of Appeals, First Circuit

December 21, 1990

Heard Nov. 6, 1990.

Luis F. Abreu-Elias, with whom Wally de la Rosa, San Juan, P.R., was on brief for plaintiffs, appellants.

Page 394

Pedro Pumarada, with whom Priscilla Anne Whitehead and Fiddler, Gonzalez & Rodriguez, San Juan, P.R., were on brief, for defendants, appellees.

Before CAMPBELL, TORRUELLA and CYR, Circuit Judges.

TORRUELLA, Circuit Judge.

Before us on appeal is a political discrimination case brought before the District Court for the District of Puerto Rico charging defendants with impinging plaintiffs' civil rights in violation of 42 U.S.C. Sec. 1983 and with maliciously prosecuting plaintiffs in breach of local tort law. Both plaintiffs and individual defendants are employees of the Puerto Rico Telephone Company. Plaintiffs contend that defendants, for politically motivated reasons, caused them to be charged with job related criminal activities. 1 Two appeals have been joined. We will address each in turn. For the reasons set forth below, we affirm the district court judgment as to both.

Motion to Amend Notice of Appeal

The sequence of events in this case is as follows. The original complaint was filed on October 22, 1986. Eight plaintiffs were named: Elias Rivera, Juan Cruz-Medero, Carlos Rivera-de Souza, Victor Berrios-Collazo, Juan Laureano, Juan M. Colon-Pineda, Luis Lorenzana-Rodriguez and Jesus Sierra. On December 11, 1989, the district court entered summary judgment in favor of defendants. Plaintiffs filed a motion for reconsideration, which was denied on January 8, 1990. Plaintiffs appealed from that order on January 9, 1990. Notice of appeal listed plaintiff-appellants as "Elias Rivera, et als." On February 20, 1990, this court issued an order admonishing plaintiffs that it might not have jurisdiction to consider the appeal of any plaintiff other than Elias Rivera because the body and caption of the notice of appeal specifically named only Elias Rivera. On February 22, 1990, plaintiffs filed a motion to amend notice of appeal or to extend time to amend under Rule 4(a)(5), Fed.R.App.P., in order to state the proper names of all plaintiffs seeking to be included in the appeal. The amended appeal named seven of the original eight plaintiffs. 2

The district court granted plaintiffs' February 22, 1990, motion in a marginal order dated February 26, 1990. On February 27, 1990, however, the U.S. Magistrate granted defendants a 10 day extension to...

To continue reading

FREE SIGN UP