Read Rojas-Velazquez v. Figueroa-Sancha, 11-1447

In a suit under 42 USC section 1983 alleging that the defendants violated the plaintiff's First and Fourteenth Amendment rights by taking adverse employment actions against him based on political animus and by depriving him of a property interest in the functions of his job without due process, the district court's order of dismissal for failure to state a claim is affirmed, where: 1) the plaintiff did not plausibly allege that his participation in constitutionally protected activities caused curtailment of job functions and perquisites, assuming that such even constituted adverse employment action; and 2) there was no allegation of deprivation of a constitutionally protected property interest as required for the procedural due process claim.

Appellate Information

• Decided 03/29/2012
• Published 03/29/2012

Judges

• Selya

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Heriberto Guivas-Lorenzo, Carlos Lugo-Fiol