Figueroa Rodriguez v. Lopez Rivera

657 F. Supp. 125
CourtDistrict Court, D. Puerto Rico
DecidedMarch 4, 1987
DocketCiv. No. 86-0194 (JP)
StatusPublished
Cited by1 cases

This text of 657 F. Supp. 125 (Figueroa Rodriguez v. Lopez Rivera) 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.

Bluebook
Figueroa Rodriguez v. Lopez Rivera, 657 F. Supp. 125 (prd 1987).

Opinion

OPINION AND ORDER

PIERAS, District Judge.

Plaintiffs, Jose Manuel Figueroa Rodriguez and Luis Raul Roig Pérez, brought this action for backpay, damages, declaratory relief and injunctive relief against Aurelio López Rivera, individially and as Chief of the Fire Service (herein “FS”) of the Commonwealth of Puerto Rico, pursuant to 42 U.S.C. § 1983. Plaintiffs allege a cause of action arising under the First and Fourteenth Amendment to the United States Constitution for their separation and reassignment on April 1, 1985, from the positions of Chief of Zone of the FS. Plaintiff Figueroa was reassigned to a position of Executive of Training of Fireman, and plaintiff Roig was reassigned to a position of Chief of District II. Plaintiffs allege their separation and reassignments arose from their political affiliation.

[126]*126The matter is before the Court on defendant’s Motion for Summary Judgment. In support of its motion, defendant argues that the plaintiffs’ positions are such that political affiliation is an appropriate requirement for the effective performance of the public office. The motion for Summary-Judgment is accompanied with a Motion to Stay Discovery and Trial Proceedings. Upon due consideration of defendant’s motion and plaintiff’s opposition thereto, and the supporting translated exhibits, the Court DENIES both the Motion for Summary Judgment and the Motion to Stay Proceedings.

I. Factual Background

At an Initial Scheduling Conference held on July 10, 1986, the parties stipulated to the following facts. Plaintiff Roig began employment with the FS on December 19, 1977, in the position of District Chief II, which was a transitory position. On July 20, 1979, he was appointed Executive I, a trust position. On August 1, 1983, he was promoted to District Chief II, a career position. On July 16,1984, he was promoted to Zone Chief of Caguas, Guayama and Humacao districts, another trust position. Plaintiff Figueroa began employment with the FS on October 1, 1958, as Fireman I and progressed through the consecutive career ranks until his appointment as Zone Chief for the districts of San Juan, Rio Piedras, Bayamón and Carolina on July 16, 1984, also a trust position. Both plaintiff’s salaries as Zone Chiefs were $1,178.00 per month, which were reduced to $1,015.00 upon reassignment. Both plaintiffs were terminated from their positions as Zone Chief by letter dated March 27, 1985 and signed by the defendant Aurelio López Rivera, effective April 1, 1985. Defendant was Chief of the Fire Service at all times material to the complaint.

The organizational hierarchy of the FS is composed of three levels: (1) Chief of the Fire Service; (2) Sub-Chief of the Fire Service, and (3) a level of three equal categories: (a) Training Division, (b) Fire Extinguishing Division, and (c) Fire Preventive Division. Plaintiffs were employed in category (b) above, in the third level, and there are four zones. Of the four positions of Zone Chief, only plaintiffs were discharged.

Plaintiffs are members of the New Progressive Party (hereinafter “NPP”), and defendant belongs to the Popular Democratic Party (hereinafter “PDP”). The PDP prevailed over the NPP in the general elections of November 6, 1984, and was inaugurated into office on January 2, 1985. Plaintiffs allege that defendant subsequently substituted their positions with members of the PDP.

From the motions, statement of facts and exhibits, the Court further finds that the FS was created pursuant to 25 L.P.R.A. § 311, and its main purpose is to protect life and property through fire prevention and extinction. The FS accomplishes its purpose through programs in fire prevention, fire extinction, training and administration. The Fire Zone Chiefs ares under the direct supervision of the Fire Chief, and his duties are basically administrative and organizational in nature. The OP-16 Form submitted with defendant’s motion outlines the duties of the Zone Fire Chiefs. The job duties will later be referred to in the discussion of the law.

II. The Standard for Summary Judgment

Summary Judgment is proper only if the pleadings and other evidence in the record “show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In passing on a summary judgment motion, the Court must view the record and draw inferences in the light most favorable to the opposing party. Celotex Corp. v. Catrett, — U.S.-, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Hahn v. Sargent, 523 F.2d 461, 464 (1st Cir.1975), cert. denied, 425 U.S. 904, 96 S.Ct. 1495, 47 L.Ed.2d 754 (1976). With these principles in mind, we now examine defendant’s motion.

III. Qualified Immunity

In actions brought under 42 U.S.C. § 1983, a defense of qualified immunity [127]*127from liability for damages is available to state executive officers performing discretionary functions, “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). On a motion for summary judgment, it is appropriate for a trial court to determine whether the law was clearly established at the time of the conduct at issue. De Abadía v. Izquierdo Mora, 792 F.2d 1187 (1st Cir.1986). At the time of plaintiffs’ demotions, the law was clearly established that public employees are protected by the First Amendment guarantees of freedom of speech and association from being discharged or demoted solely because of political affiliation, unless political affiliation is an appropriate requirement for the effective performance of the office involved. Branti v. Finkel, 445 U.S. 507, 518, 100 S.Ct. 1287, 1294, 63 L.Ed.2d 574 (1980); Elrod v. Burns, 427 U.S. 347, 367-68, 96 S.Ct. 2673, 2686-87, 49 L.Ed.2d 547 (1976). In Branti and Elrod, the Supreme Court recognized that in certain positions of government employment, where an employee’s private political beliefs would interfere with the performance of his public duties, his First Amendment rights could be required to yield to the state’s vital interest in maintaining governmental effectiveness and efficiency. Branti, 445 U.S. at 517, 100 S.Ct. at 1294; Elrod, 427 U.S. at 366, 96 S.Ct. at 2686. The issue we must decide is whether, under an objective analysis, the defendant was reasonable in believing party affiliation was an appropriate requirement for plaintiffs’ positions. De Abadía, supra, 792 F.2d at 1191.

Under the Branti-Elrod analysis, the threshold inquiry is to determine whether the positions at issue relate to partisan political interests or concerns. Jimenez Fuentes v.

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