Martinez-Rodriguez v. Guevara, et al

Filing 920100301

Opinion

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var WPFootnote1 = 'Attorney Rafael Rivera failed to appear at oral argument without\
previously apprising the court of his inability to appear. In the\
absence of appellant\'s counsel, the court heard arguments from\
appellees\' counsel pursuant to Fed. R. App. P. 34(e). In response\
to an order of the court, Rivera explained that he was unable to\
appear at oral argument due to a calendar conflict. We express our\
discontent with Rivera\'s failure to appear before the court for\
oral argument. An attorney "who fails to appear for oral argument\
and is not excused therefrom is violating an important duty to the\
client and an important obligation to the court." Dickens v. State\
of Mo., 887 F.2d 895, 896, n.2 (8th Cir. 1989).\
'

var WPFootnote2 = 'The facts are drawn from the parties\' statements of material\
uncontested facts and the exhibits submitted by the parties at the\
summary judgment stage. Because this is an appeal from a grant of\
summary judgment, we recite the facts in the light most favorable\
to plaintiff-appellant, Martínez-Rodríguez. Burke v. Town of\
Walpole, 405 F.3d 66, 71 (1st Cir. 2005).\
'

var WPFootnote3 = 'Pursuant to the Supreme Court\'s decision in Pearson, we now \
collapse the three-step qualified immunity analysis into a \
two-part test which requires courts to determine: "(1) whether the\
facts alleged or shown by the plaintiff make out a violation of a\
constitutional right; and (2) if so, whether the right was \'clearly\
established\' at the time of the defendant\'s alleged violation." \
Maldonado v. Fontánes, 568 F.3d 263, 269 (1st Cir. 2009). We would\
reach the same result in the present case if we were to review the\
district court\'s grant of qualified immunity under the newly-adopted two-part test. See Bergeron, 560 F.3d at 7 n.2 (explaining\
that "[t]he three-step approach is functionally equivalent to the\
two-step approach" and holding that the resolution of the case\
would be the same "regardless of [the] methodology . . .\
employed").\
'

var WPFootnote4 = 'The district court indicated that Martínez-Rodríguez never filed\
the transcript of Quiñones\'s grand jury testimony. Martínez-Rodríguez v. Guevara, 551 F. Supp. 2d 142, 148 (D.P.R. 2007). At\
oral argument, Defendants\' counsel stated that she had not seen or\
received copy of Quiñones\'s grand jury testimony during the lower\
court proceedings and that Martínez-Rodríguez included said\
transcripts for the first time on appeal. Because Martínez-Rodríguez\'s counsel failed to appear at oral argument, we lack the\
benefit of his explanation regarding the grand jury transcript. In\
his brief, Martínez-Rodríguez claimed "the grand jury transcripts\
were attached as exhibit 7 to Defendant\'s Statement of Facts in\
support of Motion for Summary Judgment." Appellant\'s Br. at 14. \
A review of the record, however, contradicts this assertion.\
'

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