Jorge Hiram Collazo Rivera v. Hon. Jaime Torres Gaztambide

812 F.2d 258, 1987 U.S. App. LEXIS 2476
CourtCourt of Appeals for the First Circuit
DecidedFebruary 25, 1987
Docket86-1308
StatusPublished
Cited by62 cases

This text of 812 F.2d 258 (Jorge Hiram Collazo Rivera v. Hon. Jaime Torres Gaztambide) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jorge Hiram Collazo Rivera v. Hon. Jaime Torres Gaztambide, 812 F.2d 258, 1987 U.S. App. LEXIS 2476 (1st Cir. 1987).

Opinions

BOWNES, Circuit Judge.

Plaintiff-appellee Jorge Hiram Collazo Rivera filed a civil rights suit in district court alleging that defendants-appellants Cosme Hernandez Silva and Jaime Torres Gaztambide violated the first and fourteenth amendments when they dismissed plaintiff from his government position. The district court granted plaintiff’s request for a preliminary injunction, ordering that Collazo Rivera be reinstated. We reverse the grant of the preliminary injunction.

I. BACKGROUND

In June 1981 Collazo Rivera was appointed Utuado District Regional Director of the Rural Housing Administration (RHA), an agency of the Puerto Rico Department of Housing. In January 1985 the Partido Popular Democrático (PPD), having won [259]*259the gubernatorial election, supplanted the Partido Nuevo Progresista (PNP), of which plaintiff was a member, as the party in control of the Commonwealth Administration.1 On February 19, 1985, Hernandez Silva, Director of the RHA, transferred Jaime Barcelo, a PPD member, to take over plaintiffs functions as Regional Director, and on March 19, 1985, Hernandez Silva and Torres Gaztambide, the Secretary of the Department of Housing and a PPD member, notified plaintiff in writing that he had been replaced and his services would no longer be required.

Plaintiff brought suit in district court alleging that the firing violated his constitutional rights, and asking for damages and an injunction ordering his reinstatement as Regional Director with back pay. The district court held that the requirements for a preliminary injunction had been met; it ordered reinstatement and enjoined defendants from altering plaintiff’s employment status on the basis of political affiliation pending a hearing and a determination on the request for a permanent injunction.

II. STANDARD OF REVIEW

We need not decide at this stage of the proceedings whether, as defendants urge, we must make an independent examination of the whole record under Bose Corp. v. Consumers Union of the United States, Inc., 466 U.S. 485, 104 S.Ct. 1949, 80 L.Ed.2d 502 (1984). This is not an appeal from a judgment on the merits. We are deciding only whether it was proper to issue a preliminary injunction. The appropriate standard for such review is abuse of discretion. Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236, 239 (1st Cir. 1986) (en banc); see also De Choudens v. Government Development Bank of Puerto Rico, 801 F.2d 5, 7 (1st Cir.1986) (en banc); National Tank Truck Carriers, Inc. v. Burke, 608 F.2d 819, 823 (1st Cir.1979). We have described this standard as follows:

The decision to grant or deny a preliminary injunction is a matter for the discretion of the district court and is reversible, of course, only for an abuse of discretion. It is also well-settled, however, that the application of an improper legal standard in determining the likelihood of success on the merits is never within the district court’s discretion. Similarly, misapplication of the law to particular facts is an abuse of discretion. In either of these circumstances, the denial of the preliminary injunction should be reversed and the injunction entered if necessary to protect the rights of the parties.

Planned Parenthood League of Mass. v. Bellotti, 641 F.2d 1006, 1009 (1st Cir.1981) (citations omitted) (quoting Charles v. Carey, 627 F.2d 772, 776 (7th Cir.1980), appeal dismissed sub nom. Diamond v. Charles, — U.S. —, 106 S.Ct. 1697, 90 L.Ed.2d 48 (1986)). We note also that because we are reviewing a preliminary injunction, “our ‘conclusions’ and ‘holdings’ as to the merits of the issue presented are to be understood as statements as to probable outcomes.” Jimenez Fuentes, 807 F.2d at 239.

III. THE PRELIMINARY INJUNCTION

In this circuit there are four criteria that must be satisfied for a plaintiff to be entitled to a preliminary injunction:

The Court must find: (1) that plaintiff will suffer irreparable injury if the injunction is not granted; (2) that such injury outweighs any harm which granting injunctive relief would inflict on the defendant; (3) that plaintiff has exhibited a likelihood of success on the merits; and (4) that the public interest will not be adversely affected by the grant of the injunction.

Planned Parenthood League of Mass. v. Bellotti, 641 F.2d at 1009 (quoting Women’s Community Health Center, Inc. v. Cohen, 477 F.Supp. 542, 544 (D.Me.1979)). The district court held that all four criteria were met and granted plaintiff’s request [260]*260for a preliminary injunction. We hold that plaintiff has not established the third criterion — a likelihood of success on the merits — because we find that party affiliation is an appropriate requirement for the Regional Director position and, therefore, it was permissible for the Administration to dismiss Collazo Rivera. If the court abused its discretion in making its decision on any criterion, we must reverse. See Jimenez Fuentes, 807 F.2d at 239. Thus, we have no cause to address the other criteria.

In our en banc opinion in Jimenez Fuentes v. Torres Gaztambide2 this court analyzed Supreme Court precedent, particularly Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980), and surveyed lower court interpretations of the law governing politically motivated discharges, to formulate a two-step inquiry for determining when a position is exempt from the prohibitions on firing someone for partisan political reasons. Jimenez Fuentes, 807 F.2d at 239-242. We noted that party loyalty is a permissible basis for selecting officials to fill certain positions on which the Administration relies for facilitating its programs and policies. Id. at 242. The first step in determining whether a particular position plays such a role is to ask if it “relates to ‘partisan political interests.... [or] concerns.’ That is, does the position involve government decisionmaking on issues where there is room for political disagreement on goals or their implementation? Otherwise stated, do party goals or programs affect the direction, pace, or quality of governance?” Id. at 242 (citation omitted) (quoting Branti v. Finkel, 445 U.S. at 519, 100 S.Ct. at 1295).

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Bluebook (online)
812 F.2d 258, 1987 U.S. App. LEXIS 2476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jorge-hiram-collazo-rivera-v-hon-jaime-torres-gaztambide-ca1-1987.