United States First Circuit

In a municipal employee's suit claiming that she was transferred to another position in retaliation for testimony she gave before the Puerto Rico Government Ethics Office in violation of her rights under the First Amendment and Puerto Rico law, judgment of the district court is affirmed where: 1) the evidence presented at trial is sufficient to support a jury finding that plaintiff suffered an adverse employment action sufficient to support her section 1983 claim; 2) defendants would not have taken the same adverse employment action in the absence of her protected conduct; 3) the mayor was personally liable for retaliation under section 1983; 4) the municipality is liable under section 1983; 5) the court did not abuse its discretion in affirming the damages award in the amount of $350,000; and 6) the court's determination that plaintiff waived her Puerto Rico Law 115 claim was not an abuse of discretion.

Appellate Information

• Decided 06/21/2010
• Published 06/21/2010

Judges

• LIPEZ, Circuit Judge.12, Before Lipez, Baldock  and Howard, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Luis Pabón-Roca, with whom Grisselle González-Negrón and Faccio & Pabón-Roca were on brief, for the Municipality of Caguas., José Enrico Valenzuela-Alvarado, Assistant Solicitor General, with whom Irene S. Soroeta-Kodesh, Solicitor General, Leticia Casalduc-Rabell, Deputy Solicitor General, and Zaira Z. Girón-Anadón, Deputy Solicitor General, were on brief, for William Miranda-Marín.