United States First Circuit

In a 42 U.S.C. section 1983 action brought by a police officer claiming that his superiors violated his First Amendment rights and due process when they assigned him to new job duties, allegedly in retaliation for having filed lawsuit against them in a local court, grant of defendants' motion for summary judgment is affirmed where: 1) plaintiff had no constitutionally protected interest requiring a due process hearing because Puerto Rico law does not recognize any property interest in the performance of particular job functions in the course of an employee's continued employment; 2) the right to file lawsuits is not an absolute First Amendment right; and 3) even if there was some form of First Amendment interest protected by the mere filing of a lawsuit, which did not address a matter of public concern, such interest is outweighed by the police department's interest in ensuring emotional stability of officers which are armed.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Raúl Barrera-Morales with whom Jesús M. Hernández Sánchez and Hernández Sánchez Law Firm were on brief for appellants.


• For Appellees:
  
• Irene S. Soroeta-Kodesh, Assistant Solicitor General, with whom Salvador J. Antonetti Stutts, Solicitor General, and Mariana D. Negrón Vargas, Deputy Solicitor General, Department of Justice, were on brief for appellees.