United States First Circuit

In a suit against Puerto Rico government officials alleging political discrimination in violation of the first amendment, judgment for plaintiffs is reversed in part where: 1) there was no evidence that certain defendants conceived of an administrative plan or transfers as a means of favoring drivers of one political party over drivers of another political party, or that they approved or fostered the re-direction of work or overtime to drivers of one political party; and 2) there was insufficient evidence that informal harassment by a supervisor rose to a level sufficiently severe to cause plaintiffs to compromise their political beliefs and associations. Judgment for plaintiffs is affirmed in part where: 1) there was sufficient evidence to support the jury's verdict; 2) a plaintiff's complaint was not barred by previous administrative proceedings; 3) defendants failed to adequately brief an insufficient evidence argument; 4) defendants were not entitled to qualified immunity; and 5) the district court did not err in admitting certain evidence.

Appellate Information

• Decided 10/23/2007
• Published 10/23/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Edward W. Hill-Tollinche with whom Quiñones & Sánchez, P.S.C., was on brief, for Lizzette Pillich-Otero., Luis A. Rodríguez-Muñoz with whom Roberto Sánchez-Ramos, Secretary of Justice, Salvador Antonetti-Stutts, Solicitor General, Eileen Landrón-Guardiola, Eduardo Vera-Ramírez and Landrón & Vera, LLP, were on brief, for César Rey-Hernández, Carmen I. Motta-Montañez and José A. Rivera-Saurí., Zulema E. Martínez-Alvarez with whom Salvador J. Antonetti-Stutts, Solicitor General, Mariana D. Negrón-Vargas, Deputy Solicitor General, and Maite D. Oronoz-Rodríguez, Deputy Solicitor General, were on brief, for Rafael Aragunde, in his official capacity as Secretary of Education.


• For Appellees:
  
• Michael Craig McCall with whom Eliezer Aldarondo-Ortiz, Iván Castro-Ortiz, Sheila Torres-Delgado and Aldarondo & López Bras, were on brief, for plaintiffs, appellees.