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Gil A. Rodriguez-Ramos v. Ruben A. Hernandez-Gregorat; Santos M.

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

Plaintiff-appellant Gil A. Rodriguez-Ramos, a former trust employee of the Metropolitan Bus Authority of Puerto Rico (“MBA”), sued various public officials under 42 U.S.C. § 1983, alleging that a decision not to install him in a career attorney position in the MBA was politically motivated and was effected without due process of law, in violation of his First and Fourteenth Amendment rights. The district court granted the defendants’ motion to dismiss all claims. For the reasons discussed below, we affirm in part and reverse in part. We affirm the dismissal of the due process claim as to all defendants, and as well, dismissal of the First Amendment claim as to all defendants, save for defendant Delgado. As to the First Amendment claim against Delgado, we vacate the dismissal and remand with instructions to grant plaintiff leave to amend the complaint.

I. FACTUAL BACKGROUND

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