López-Quiñones v. Puerto Rico National Guard

526 F.3d 23, 27 I.E.R. Cas. (BNA) 1138, 2008 U.S. App. LEXIS 10798, 2008 WL 2122357
CourtCourt of Appeals for the First Circuit
DecidedMay 21, 2008
Docket07-1976
StatusPublished
Cited by15 cases

This text of 526 F.3d 23 (López-Quiñones v. Puerto Rico National Guard) 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
López-Quiñones v. Puerto Rico National Guard, 526 F.3d 23, 27 I.E.R. Cas. (BNA) 1138, 2008 U.S. App. LEXIS 10798, 2008 WL 2122357 (1st Cir. 2008).

Opinions

BOUDIN, Chief Judge.

Samuel Lopez-Quinones — a former official of the Puerto Rico National Guard— claims he was terminated from that posi[25]*25tion on account of his political affiliation. He sued the Commonwealth of Puerto Rico, the Puerto Rico National Guard, and various officials, seeking relief primarily under 42 U.S.C. § 1983 (2000). This interlocutory appeal presents only the question whether the individual defendants are entitled to qualified immunity from Lopez’ damage claims.

Lopez was hired as director of the general services section of the Puerto Rico National Guard in 1997. In the 2000 elections, the Popular Democratic Party (“PDP”) defeated the New Progressive Party (“NPP”). Lopez — a known supporter of the NPP — claims that after the election, he was gradually stripped of his professional duties. In July 2004, disciplinary proceedings were instituted against him within the National Guard.

Lopez then filed suit in federal district court in Puerto Rico, seeking injunctive and monetary relief. In July 2005, while his suit was pending, Lopez was terminated. He sought preliminary injunctive relief ordering his reinstatement and amended his complaint to reflect the fact of his termination. In October 2006, the district court denied Lopez’ request for preliminary injunctive relief.

Shortly thereafter, the individual defendants moved for a ruling on their previously asserted defense of qualified immunity. They urged that Lopez’ position was not protected from political patronage firings under the Elrod/Branti line of cases, see Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976); Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980), and that in any event, defendants were entitled to qualified immunity because any such protection was not clearly established at the time of Lopez’ termination.

The district court denied the motion, and defendants filed this interlocutory appeal. Although the district court’s order is not a final disposition of the case, we have jurisdiction to the extent defendants seek review of the district court’s denial of their qualified immunity defense, Torres v. Puerto Rico, 485 F.3d 5, 8-9 (1st Cir.2007), but only so far as it rests on a legal ruling rather than a factual dispute. Riverdale Mills Corp. v. Pimpare, 392 F.3d 55, 60 (1st Cir.2004). As to the legal questions, our review is de novo. Galloza v. Foy, 389 F.3d 26, 28 (1st Cir.2004).

The qualified immunity defense depends on whether the nature of Lopez’ position was such that defendants were entitled to consider his political affiliation as a job qualification and, even if they were not, whether a reasonable officer at the time would have understood patronage dismissal to be barred. See Limone v. Condon, 372 F.3d 39, 44 (1st Cir.2004). Analytically, the second question may often be answered without resolving the first, but in accordance with Saucier1 s preferred approach, we generally — although not always — answer the questions in sequence. Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001).

In Elrod, the Supreme Court announced a new rule rendering patronage firings a violation of the First Amendment save where political affiliation is an appropriate qualification for the particular position. Elrod, 427 U.S. at 367-68, 96 S.Ct. 2673; Branti, 445 U.S. at 518, 100 S.Ct. 1287. Yet, as we said in Flynn v. City of Boston, 140 F.3d 42, 44 (1st Cir.), cert. denied, 525 U.S. 961, 119 S.Ct. 403, 142 L.Ed.2d 327 (1998), doctrine in this area remains

largely a porridge of general statements and variables: positions are less likely to be protected to the extent that they are “higher,” more “political,” more “confidential,” and so on; duties prevail over [26]*26titles; everything depends on circumstances.

Our decisions have asked whether a position’s functions are those of “a policymaker, a privy to confidential information, a communicator, or some other office holder whose function is such that party affiliation is an equally appropriate requirement.” Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236, 242 (1st Cir.1986) (en banc), cert. denied, 481 U.S. 1014, 107 S.Ct. 1888, 95 L.Ed.2d 496 (1987); see also Flynn, 140 F.3d at 45. “Actual functions of the job, not titles, control, and an official description of job functions is a presumptively reliable basis for determining those functions.” Olmeda v. Ortiz-Quinonez, 434 F.3d 62, 66 (1st Cir.2006) (citation omitted).

We also consider the position’s “relative pay” and whether it entails “technical competence, power to control others, authority to speak in the name of policymakers, public perception, contact with elected officials and responsiveness to partisan politics and political leaders.” Mendez-Palou v. Rohena-Betancourt, 813 F.2d 1255, 1259 (1st Cir.1987). Under the case law, the classification of a position as “career” (rather than “trust”) under Puerto Rico law is relevant, although not dis-positive. Roldan-Plumey v. Cerezo-Suarez, 115 F.3d 58, 64-65 (1st Cir.1997).

As director of the general services section, Lopez headed the unit of the Guard responsible for inventory (not including military equipment), utilities, property maintenance and related functions. He supervised approximately thirty other employees. Both are factors tending to indicate that one’s position involves discretionary judgments, which in turn often entail policymaking. See Ruiz-Casillas v. Camacho-Morales, 415 F.3d 127, 132 (1st Cir.2005). He earned just over $30,000 per year and his job classification form said that review of his work was “superficial” (as opposed to “thorough”).

On the other hand, Lopez’ position was classified as a “career” position under Puerto Rico law and a closer look at his detailed job description suggests that he had modest, if any, involvement in policymaking. True, the first listed responsibility is spacious (“Plans, coordinates and supervises the activities of the general services section relating to maintenance, property, purchasing, transportation, reproduction, inventory, receiving equipment, leasing of establishments and general services”), but almost all of the specifics are routine and fairly pedestrian. They include (merely as examples) responsibility for:

hiring air-conditioning and radio maintenance services, radios, fumigation, cleaning and others, whether with federal or state funds;

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López-Quiñones v. Puerto Rico National Guard
526 F.3d 23 (First Circuit, 2008)

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526 F.3d 23, 27 I.E.R. Cas. (BNA) 1138, 2008 U.S. App. LEXIS 10798, 2008 WL 2122357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-quinones-v-puerto-rico-national-guard-ca1-2008.