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Victor Hugo Rios-Colon v. Pedro A. Toledo-Davila

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Before Lipez, Leval, *fn1 and Thompson, Circuit Judges.

LEVAL, Circuit Judge. Plaintiff Victor Hugo Rios-Colon (“Rios”) appeals from the judgment of the United States District Court for the District of Puerto Rico, dismissing his suit alleging racial discrimination in the course of his employment in the Puerto Rico Police Department for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). The complaint alleged that he is black and that his supervisor in the Police Department used racial slurs against him and transferred him to a less desirable position. For the reasons explained below, we conclude that the complaint plausibly alleged claims of racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000e-17, and of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, made actionable by 42 U.S.C. § 1983. Accordingly, we vacate in part and remand for further proceedings.*fn2

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