United States First Circuit

Denial of judgment as a matter of law for defendants in a case alleging harassment and termination of employment in violation of plaintiff's First Amendment rights is affirmed where: 1) there was sufficient evidence to allow the jury to determine that plaintiff was deprived of duties in retaliation against his political affiliation; and 2) defendants had knowledge of the activities and did nothing to prevent them. One defendant's challenge to punitive damages and assertion of qualified immunity is denied where: 1) there was evidence from which the jury could have found that defendant acted with reckless indifference to the foreseeable adverse effect on plaintiffs' rights; and 2) it was unreasonable for defendant to believe that his actions were legal.

Appellate Information

• Decided 10/11/2006
• Published 10/11/2006

Judges

• JOHN R. GIBSON, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge  and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Israel Roldán-González, for plaintiff-appellant and cross-appellee., Tessie Leal-Garabís, Quiñones Sánchez & Guzmán, PSC, with whom Pablo Hymovitz-Cardona, was on brief, for Roberto Pérez-Colón, appellee/cross-appellant., Juan Rafael González-Muñoz, González Muñoz & Vicéns Sánchez, with whom Vanesa Vicéns Sánchez, was on brief, for defendants-appellees and cross-appellants City of Mayagüez and Roberto Pérez-Colón in his official capacity.