Beruflich Dokumente
Kultur Dokumente
2d 891
Paul B. Smith, Jr., Santurce, P.R., with whom Rafael Ortiz Carrion, Sol.
Gen., San Juan, P.R., and Hector Rivera-Cruz, Secretary of Justice, were
on brief, for defendants, appellants.
Rafael F. Castro Lang with whom Jose Ramon Perez Hernandez, San
Juan, P.R., was on brief, for plaintiff, appellee.
Before COFFIN, Circuit Judge, WISDOM,* Senior Circuit Judge, and
TORRUELLA, Circuit Judge.
COFFIN, Circuit Judge.
Rather than reiterate our analysis of the legal issues presented by this appeal,
we simply adopt the reasoning set forth in sections II and III of our recent
opinion in Mendez-Palou v. Rohena-Betancourt, 813 F.2d 1255, 1257 - 60 (1st
Cir. March 6, 1987). As we concluded in that case, "there was no clearly
established constitutional protection against patronage dismissal [in 1985] for
those individuals whose positions potentially concerned matters of partisan
political interest and involved at least a modicum of policymaking
responsibility, access to confidential information, or official communication."
Id. at 1259. If a position did not enjoy clearly established constitutional
protection at the time of dismissal, then the defendant would be entitled to
immunity from a damage action premised on the illegality of the discharge or
demotion.
6
--[R]eview
and approve requisitions for equipment, materials and supplies needed
for the operation of the regional office and the different [REA] programs.
7
[J]ustify
the reassignment or creation of new positions necessary to cope with the
increase in duties and responsibilities of the regional office.
8--[Select] REA personnel at the regional level.
9--[Recommend] leaves, promotions, raises within grade, and other personnel actions.
--[R]epresent the REA in all internal, interagency and community activity.
10
11
Finally the COPA job description also reveals that an REA Regional Director
Based on this list of job functions, we conclude that the position of REA
Regional Director is so involved with policymaking, confidential, and official
communicative tasks that we cannot say plaintiff was entitled to clearly
established protection against politically motivated discharge at the time of his
dismissal. As in Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236 (1st
Cir.1986) (en banc), it is apparent here that the "Regional Director is, in effect,
the alter ego of the [Administrator] at the regional level. It is through the
relationship with the Regional Directors" that the Administrator "maintains
effective control of the implementation" of the REA's programs. Id. at 245. We
therefore hold that plaintiff did not enjoy the benefit of a clearly established
right protecting him from dismissal due to his political affiliation and that,
accordingly, defendant Gracia is entitled to immunity from a section 1983
damages action. We express no opinion, however, on the propriety of
injunctive relief except to note that this issue remains to be resolved on remand.
22
For the foregoing reasons, the order of the district court is vacated and the case
remanded with instructions to enter partial summary judgment in favor of
defendant Gracia on the damage claims on the basis of qualified immunity.
23
24
26
I dissent.
Plaintiff also alleges in his complaint that the dismissal violated his due process
rights. We do not address this aspect of the case because the issue was not
discussed on appeal
needed for the operation of the regional and the different [REA] programs."
Ante, at 892