Diaz Flores v. Tirado Delgado

D. Puerto Rico

Diaz Flores v. Tirado Delgado

665 F. Supp. 975, 1987 U.S. Dist. LEXIS 7986

CourtDistrict Court, D. Puerto Rico

DecidedAugust 12, 1987

DocketCiv. No. 85-2177 HL

StatusPublished

This text of 665 F. Supp. 975 (Diaz Flores v. Tirado Delgado) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Diaz Flores v. Tirado Delgado, 665 F. Supp. 975, 1987 U.S. Dist. LEXIS 7986 (prd 1987).

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Opinion

ORDER

LAFFITTE, District Judge.

Defendants have filed a Motion for Summary Judgment seeking qualified immunity from plaintiffs’ claim for damages resulting from political discrimination. Following recent First Circuit opinions on claims of political discrimination we grant the Motion for Summary Judgment on the merits, ordering the case dismissed.

Plaintiffs, Pedro J. Diaz Flores and Ismael Cruz, both held positions as Regional Directors of the State Insurance Fund (“SIF”). Following a change in administration in January, 1985 they were removed from their positions on June 14, 1985 and July 15, 1985, respectively. They each claim political discrimination as motivation for their removal.

The position of the First Circuit is well established — that political affiliation is an appropriate requirement for the position of Regional Directors for any government agency, leaving the individuals holding those positions without First Amendment protection. ROMAN-MELENDEZ v. IN-CLAN, 826 F.2d 130 (1st Cir.1987) (Regional Director Puerto Rico. General Services Administration); RAMON ECHEVARRIA v. GRACIA-ANSELMI, 823 F.2d 696 (1st Cir.1987) (Regional Director for Right to Employment Administration; held no First Amendment protection); ROSARIO NEVAREZ v. TORRES GAZTAMBIDE, 820 F.2d 525 (1st Cir.1987) (Regional Director for Housing Department; held no First Amendment protection); JIMENEZ FUENTES v. TORRES GAZTAMBIDE, 807 F.2d 236 (1st Cir.1986) (Regional Director, Urban Development and Housing Corp. of Housing Department; held no First Amendment protection); see also, ALICEA ROSADO v. ZAYAS, 813 F.2d 1263 (1st Cir.1987) (Regional Director Department of Social Services; qualified immunity granted); ORTIZ-LEBRON v. SANTIAGO-NIEVES, No. 86- 1661 slip op. (1st Cir. March 10, 1987) (Regional Director, Department of Natural Resources; qualified immunity granted).

On the strength of these decisions we hereby grant the Motion for Summary Judgment on the merits.

WHEREFORE, summary judgment is GRANTED. The Clerk is to enter judgment dismissing this action.

IT IS SO ORDERED.

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ORDER

LAFFITTE, District Judge.

Defendants have filed a Motion for Summary Judgment seeking qualified immunity from plaintiffs’ claim for damages resulting from political discrimination. Following recent First Circuit opinions on claims of political discrimination we grant the Motion for Summary Judgment on the merits, ordering the case dismissed.

Plaintiffs, Pedro J. Diaz Flores and Ismael Cruz, both held positions as Regional Directors of the State Insurance Fund (“SIF”). Following a change in administration in January, 1985 they were removed from their positions on June 14, 1985 and July 15, 1985, respectively. They each claim political discrimination as motivation for their removal.

The position of the First Circuit is well established — that political affiliation is an appropriate requirement for the position of Regional Directors for any government agency, leaving the individuals holding those positions without First Amendment protection. ROMAN-MELENDEZ v. IN-CLAN, 826 F.2d 130 (1st Cir.1987) (Regional Director Puerto Rico. General Services Administration); RAMON ECHEVARRIA v. GRACIA-ANSELMI, 823 F.2d 696 (1st Cir.1987) (Regional Director for Right to Employment Administration; held no First Amendment protection); ROSARIO NEVAREZ v. TORRES GAZTAMBIDE, 820 F.2d 525 (1st Cir.1987) (Regional Director for Housing Department; held no First Amendment protection); JIMENEZ FUENTES v. TORRES GAZTAMBIDE, 807 F.2d 236 (1st Cir.1986) (Regional Director, Urban Development and Housing Corp. of Housing Department; held no First Amendment protection); see also, ALICEA ROSADO v. ZAYAS, 813 F.2d 1263 (1st Cir.1987) (Regional Director Department of Social Services; qualified immunity granted); ORTIZ-LEBRON v. SANTIAGO-NIEVES, No. 86- 1661 slip op. (1st Cir. March 10, 1987) (Regional Director, Department of Natural Resources; qualified immunity granted).

On the strength of these decisions we hereby grant the Motion for Summary Judgment on the merits.

WHEREFORE, summary judgment is GRANTED. The Clerk is to enter judgment dismissing this action.

IT IS SO ORDERED.

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665 F. Supp. 975, 1987 U.S. Dist. LEXIS 7986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-flores-v-tirado-delgado-prd-1987.

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