Jose R. Bonilla v. Jose A. Nazario, Etc.

843 F.2d 34, 1988 U.S. App. LEXIS 3892, 1988 WL 26105
CourtCourt of Appeals for the First Circuit
DecidedMarch 30, 1988
Docket87-1673
StatusPublished
Cited by28 cases

This text of 843 F.2d 34 (Jose R. Bonilla v. Jose A. Nazario, Etc.) 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
Jose R. Bonilla v. Jose A. Nazario, Etc., 843 F.2d 34, 1988 U.S. App. LEXIS 3892, 1988 WL 26105 (1st Cir. 1988).

Opinion

BREYER, Circuit Judge.

This is another in a long line of “political discharge” suits arising out of the 1984 election of a new governor of Puerto Rico. See, e.g., Juarbe-Angueira v. Arias, 831 F.2d 11 (1st Cir.1987); Zayas-Rodriguez v. Hernadez, 830 F.2d 1 (1st Cir.1987); Mendez-Palou v. Rohena-Betancourt, 813 F.2d 1255 (1st Cir.1987); Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236 (1st Cir.1986), cert. denied, — U.S. -, 107 S.Ct. 1888, 95 L.Ed.2d 496 (1987). Plaintiffs-appellants were discharged as Regional Managers of the Puerto Rico Automobile Accident Compensation Administration (‘AACA’) and reassigned to lesser positions. They brought suit for reinstatement and damages, claiming their dismissals violated the U.S. Constitution. See Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980) and Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976) (finding, with certain exceptions, *36 that firing a government employee because of political affiliation violates the First Amendment). They further alleged that they had been harassed and discriminated against in their continuing employment in the AACA.

Defendants-appellees moved for summary judgment on the grounds that they had “qualified immunity” in respect to the damages claim. See Anderson v. Creighton, — U.S. -, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). The district court granted the motion, and, sua sponte, dismissed the complaint on the merits. Appellants challenge both rulings.

I. Qualified Immunity

We have thoroughly discussed the relevant legal standard in previous opinions, and there is no need to replow that ground here. See, e.g., Juarbe-Angueira, supra; Mendez-Palou, supra. Simply put, where the case concerns upper-level, managerial positions that are not “purely technical or scientific in nature,” defendants are normally entitled to qualified immunity from liability for damages. Juarbe-Angueira, 831 F.2d at 14. That is to say, in such circumstances we will normally find that the job in question “potentially concerned matters of partisan political interest and involved at least a modicum of policymaking responsibility, access to confidential information, or official communication.” See Mendez-Palou, 813 F.2d at 1259 (emphasis added). Applying that standard here, we find that the district court properly granted defendants’ motion for summary judgment in respect to qualified immunity.

The AACA administers Puerto Rico’s unique system of compensating automobile accident victims, irrespective of fault, for medical expenses, disability, dismemberment, death, and funeral expenses. P.R.Law Ann. tit. 9, § 2054 (1976). The AACA has broad authority to

Investigate all phases of the problem of automobile accidents including the phases of financial liability and of accident prevention and make pertinent recommendations to the Governor and the Legislature.
Contract [with] physicians, hospitals, clinics, laboratories and other suppliers of medical services to carry out the purposes of this chapter [the Automobile Accident Social Protection Act]....
Fix, annually, with the approval of the Insurance Commissioner^] the premium that each vehicle shall pay at the time of registering the same.

P.R.Laws Ann. tit. 9, § 2063(2)-(4) (1976). At the very least, the AACA’s authority in respect to auto insurance premiums, accident liability, and appropriate medical care “encompasses issues that potentially involve partisan political disagreement concerning policy goals and implementation.” Mendez-Palou, 813 F.2d at 1260 (referring to Puerto Rico’s Aqueduct and Sewer Authority).

In our view, the Regional Manager’s job “potentially concerned” these “matters ... and involved at least a modicum of policy-making responsibility” as well as “access to confidential information” and “official communication.” Mendez-Palou, supra. The Regional Manager holds an important position within the AACA. The Puerto Rico civil service system classifies it as a “trust” (as opposed to “career”) position, P.R.Laws Ann. tit. 3, §§ 1349-51 (1978), and the official job description (see Appendix) calls it a post of “high responsibility and confidence where the activities of a Regional Office are directed and coordinated.” A Regional Manager “plans, coordinates, [and] assigns the work of a large group of office and field employees,” handles labor-management relations, “[prepares orientation for different entities regarding the benefits offered by the Agency,” and “[i]nstructs field and office personnel regarding the interpretation of rules and norms.” He “attends meetings, activities and conferences when so required.” He must have the “ability to [m]ake independent decisions in the application of the established policy regarding work problems.” And he must be able “to treat the public with tact, courtesy and serenity.” The power to interpret regulations, to set interpretive policy, to decide how or to *37 what extent, for example, claimants will obtain medical redress or how much evidence the hearing examiner will insist upon before a claim is accepted, all “potentially” concern important policy matters. It seems likely, from the job description, that he has policy-making responsibility, that he confers with his superiors about such matters, and that he communicates them to the public. In short, the job seems a typical upper-level position that is not “purely technical” or “scientific” in an agency that provides an important social service and affects matters about which there could be political disagreement. Under Juarbe-An-gueira and Mendez-Palou, defendants are entitled to qualified immunity.

Appellants argue that they had little or no discretion in performing those duties, and were not, therefore, truly policy makers. In Collazo Rivera v. Torres Gaztambide, 812 F.2d 258 (1st Cir.1987), however, we pointed out that “ ‘policy implementation is just as important as policymaking.’ ” Id. at 262 (quoting Branti, 445 U.S. at 530, 100 S.Ct. at 1301 (Powell, J., dissenting)). The Regional Managers here, like the Regional Directors in Echevarria v. Gracia-Anselmi, 823 F.2d 696 (1st Cir.1987), Col-lazo Rivera, supra, and

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Bluebook (online)
843 F.2d 34, 1988 U.S. App. LEXIS 3892, 1988 WL 26105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jose-r-bonilla-v-jose-a-nazario-etc-ca1-1988.