Montfort-Rodriguez v. Rey-Hernandez

504 F.3d 221, 2007 U.S. App. LEXIS 24358, 2007 WL 3026412
CourtCourt of Appeals for the First Circuit
DecidedOctober 18, 2007
Docket06-1624
StatusPublished
Cited by21 cases

This text of 504 F.3d 221 (Montfort-Rodriguez v. Rey-Hernandez) 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
Montfort-Rodriguez v. Rey-Hernandez, 504 F.3d 221, 2007 U.S. App. LEXIS 24358, 2007 WL 3026412 (1st Cir. 2007).

Opinion

LIPEZ, Circuit Judge.

Appellants are four employees of the Puerto Rico Department of Education who claim that they were unconstitutionally demoted in 2001 based on their political affiliation. They brought this suit against the Department of Education and its Secretary, César Rey Hernández (“Rey”), a member of the Popular Democratic Party (“PDP”). 1 Appellants, all members of the New Progressive Party (“NPP”), were removed from trust positions and reassigned to their preexisting career employee status within days after Rey assumed his position following the PDP’s 2000 electoral victory. 2 The district court granted summary judgment for defendants, concluding that appellants failed to offer sufficient admissible evidence to establish a prima facie case of political discrimination. Although the record is meager and the case is therefore close, we conclude that appellants met their burden to generate a genuine issue of material fact on the elements of their claim. Accordingly, we vacate the judgment and remand for further proceedings.

*223 I.

Defendant Rey took over as Secretary of Education at the beginning of January 2001. 3 Shortly thereafter, he sent letters notifying the plaintiffs that, effective January 15, their current trust appointments would cease and they would be reinstated to their previous career positions; 4 the letters gave no reason for the changes. Before the transfers, plaintiff Ivonne Montfort-Rodriguez (“Montfort”) was Director of the Center of Investigations and Ethnographic Innovations, plaintiff Juanita Flores-de-Siaca (“Flores”) was Facilitator of the Education Reform Institute for the San Juan region, plaintiff Carmen Rivera-Rivera (“Rivera”) was Director of the Puerto Rico Statewide Systemic Initiative for Science and Mathematics, and plaintiff María Coss-Martinez (“Coss”) was Director of the Physical Education Program. The reassignments resulted in lower salaries for all four plaintiffs.

Rey testified in his deposition that when he took over as Secretary he asked Liz-zette Pillich Otero, the newly appointed Assistant Secretary for Human Resources, to prepare a list of the Department’s trust employees so that he would “have an idea of how many trust positions there were.” Neither Rey nor Pillich examined personnel files in compiling the list, 5 and Rey testified that he had no knowledge of the particular job responsibilities for any plaintiff. In his deposition, Rey gave the following explanation for generating the list and eliminating positions:

Positions in the organigram [sic] were evaluated based on the need and based in the necessity. In fact, we evaluated all the organigram of the whole organization, not just the trust positions, we re-arranged the whole administration. 6

Rey also stated in his deposition that he was unaware of plaintiffs’ political affiliations. Plaintiffs maintain that he must have known their NPP status because their involvement in the party was common knowledge throughout the Department and their trust positions during the prior NPP administration circumstantially revealed their affiliation with that party. Plaintiffs further assert that they were *224 replaced by members of the PDP, although that allegation is based partially on hearsay. 7

The defendants’ motion for summary judgment was referred to a magistrate judge, whose Report and Recommendation concluded that the plaintiffs’ evidence was inadequate to survive defendants’ motion for summary judgment because some of the facts essential to a finding of political discrimination — that Rey knew plaintiffs’ political affiliations and replaced them with members of his own party — were supported only by speculation or hearsay. The district court agreed that plaintiffs had not met their burden to establish a prima facie case of political discrimination, having failed to provide “admissible evidence, either direct or circumstantial, of political discrimination on the part of defendants.” Accordingly, the court granted defendants’ motion for summary judgment and dismissed the case with prejudice. 8 The court subsequently denied plaintiffs’ motion to alter or amend judgment. 9

II.

A. Standard of Review and Burden of Proof

We review the district court’s summary judgment ruling de novo, taking the record facts and all inferences to be drawn from them in the light most favorable to the nonmoving party. Aguiar-Carrasquillo v. Agosto-Alicea, 445 F.3d 19, 25 (1st Cir.2006). Summary judgment is appropriate when the record reveals no genuine issue as to any material fact, and the undisputed facts establish the moving party’s entitlement to judgment as a matter of law. Fed.R.Civ.P. 56(c). A genuine issue is one that “ ‘may reasonably be resolved in favor of either party’ at trial,” Cordi-Allen v. Conlon, 494 F.3d 245, 249 (1st Cir.2007) (quoting Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990)), and “[s]ummary judgment ‘should be granted only where ... [further] inquiry into the facts is not desirable to clarify the application of the law,’ ” Mandel v. Boston Phoenix, Inc., 456 F.3d 198, 205 (1st Cir.2006) (quoting Stevens v. Howard D. Johnson Co., 181 F.2d 390, 394 (4th Cir.1950)). .

It is well established that “[g]ov-ernmental employees who are not in policy-making positions of confidence are shielded from adverse employment decisions based on their political affiliations.” Borges Colón v. Román-Abreu, 438 F.3d 1, 14 (1st Cir.2006); see also Rutan v. Republican Party of Ill., 497 U.S. 62, 64-65, 110 S.Ct. 2729, 111 L.Ed.2d 52 (1990). Given that defendants do not argue on appeal that plaintiffs were policymakers whose job responsibilities require political compatibility with the PDP administration, we focus on whether a jury could infer *225 from the evidence that Rey knew of the plaintiffs’ political affiliation and replaced them because of it. 10 See Marrero-Gutierrez v. Molina,

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Bluebook (online)
504 F.3d 221, 2007 U.S. App. LEXIS 24358, 2007 WL 3026412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montfort-rodriguez-v-rey-hernandez-ca1-2007.