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DOE v. RICE

Civ. No. 91-1169CCC.

769 F.Supp. 440 (1991)

John DOE; and Local 3936 of the American Federation of Government Employees, Plaintiffs, v. Honorable Donald RICE, Secretary of the United States Air Force; Lt. General Conaway, Chief of the National Guard Bureau; Puerto Rico Air National Guard; William Miranda-Marin, the Adjutant General of the Commonwealth of Puerto Rico; Colonel Manuel A. Guzman of the Puerto Rico Air National Guard; Colonel Gilberto Colon, as Personnel Officer of the Puerto Rico Air National Guard; all officials in their individual and official capacity, Defendants.

United States District Court, D. Puerto Rico.

June 6, 1991.

Attorney(s) appearing for the Case

Nora Vargas, for plaintiffs.

Daniel F. López-Romo, U.S. Atty., Fidel Sevillano, Asst. U.S. Atty., Mayra Maldonado, Dept. of Justice, Commonwealth of Puerto Rico, for defendants.

OPINION AND ORDER

CEREZO, District Judge.

This is a civil rights action, brought under 42 U.S.C. §§ 1983 and 1988, in which plaintiff seeks declaratory and injunctive relief from what he considers was his unlawful and arbitrary discharge from the Puerto Rico Air National Guard (PRANG) upon testing positive for the Human Immunodeficiency Virus (HIV). Plaintiff originally moved for a temporary restraining order and a preliminary injunction. The Court...

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