Mendoza Toro v. Gil

110 F. Supp. 2d 28 (2000)

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Mendoza Toro v. Gil

United States District Court for District of Puerto Rico

110 F. Supp. 2d 28 (2000)

Facts

The United States Navy purchased about two-thirds of the island of Vieques, Puerto Rico, in the 1940s to use as a training range. In 2000, hundreds of nonviolent protestors who objected to the island’s being used for bombing target practice occupied the Navy property. After the military evacuated the encampments, the government charged the protestors with trespassing on military territory. Interim United States Attorney Guillermo Gil (defendant) assigned Assistant United States Attorney (AUSA) Lilliam Mendoza Toro (plaintiff) to prosecute the trespassing cases. Toro objected and sued for an injunction, claiming that being required to prosecute the cases violated her First Amendment rights. The court ordered Toro to show cause why her lawsuit should not be dismissed for failure to state a claim.

Rule of Law

Issue

Holding and Reasoning (Laffitte, C.J.)

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