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    Torres Maldonado v. Ceden-Maldonado, 1st Cir. (1994)

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    1) Several transitory employees filed a 1983 action claiming their contracts were not renewed for politically discriminatory reasons in violation of their First Amendment rights. 2) The district court denied the defendants' motion for summary judgment on qualified immunity grounds, finding that transitory employees were protected from politically motivated non-renewals under Branti-Elrod. 3) The appellate court affirmed, noting that transitory employees enjoy First Amendment protection from adverse employment actions based on their political affiliation, regardless of the length of their transitory employment. The court also imposed double costs on the defendants for bringing a frivolous appeal.

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    Torres Maldonado v. Ceden-Maldonado, 1st Cir. (1994)

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    1) Several transitory employees filed a 1983 action claiming their contracts were not renewed for politically discriminatory reasons in violation of their First Amendment rights. 2) The district court denied the defendants' motion for summary judgment on qualified immunity grounds, finding that transitory employees were protected from politically motivated non-renewals under Branti-Elrod. 3) The appellate court affirmed, noting that transitory employees enjoy First Amendment protection from adverse employment actions based on their political affiliation, regardless of the length of their transitory employment. The court also imposed double costs on the defendants for bringing a frivolous appeal.

    Original Description:

    Filed: 1994-10-21 Precedential Status: Precedential Docket: 94-1529

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    1) Several transitory employees filed a 1983 action claiming their contracts were not renewed for politically discriminatory reasons in violation of their First Amendment rights. 2) The district court denied the defendants' motion for summary judgment on qualified immunity grounds, finding that transitory employees were protected from politically motivated non-renewals under Branti-Elrod. 3) The appellate court affirmed, noting that transitory employees enjoy First Amendment protection from adverse employment actions based on their political affiliation, regardless of the length of their transitory employment. The court also imposed double costs on the defendants for bringing a frivolous appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    18 views6 pages

    Torres Maldonado v. Ceden-Maldonado, 1st Cir. (1994)

    Uploaded by

    Scribd Government Docs
    1) Several transitory employees filed a 1983 action claiming their contracts were not renewed for politically discriminatory reasons in violation of their First Amendment rights. 2) The district court denied the defendants' motion for summary judgment on qualified immunity grounds, finding that transitory employees were protected from politically motivated non-renewals under Branti-Elrod. 3) The appellate court affirmed, noting that transitory employees enjoy First Amendment protection from adverse employment actions based on their political affiliation, regardless of the length of their transitory employment. The court also imposed double costs on the defendants for bringing a frivolous appeal.

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    of 6

    USCA1 Opinion

    October 20, 1994

    [NOT FOR PUBLICATION]


    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    ___________________

    No. 94-1529

    WALTER TORRES MALDONADO, ET AL.,


    Plaintiffs, Appellees,
    v.
    JOSE CEDENO MALDONADO, ET AL.,
    Defendants, Appellants.
    __________________
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF PUERTO RICO
    [Hon. Carmen Consuelo Cerezo, U.S. District Judge]
    ___________________
    ___________________
    Before
    Selya, Circuit Judge,
    _____________
    Campbell, Senior Circuit Judge,
    ____________________
    and Boudin, Circuit Judge.

    _____________
    ___________________
    Ortiz Ballester & Pagan on brief for appellants.
    _______________________
    Carlos A. Del Valle Cruz on brief for appellees.
    ________________________

    __________________
    __________________

    Per Curiam.
    __________
    present

    1983 action

    renewed for
    of

    Several transitory employees filed the


    claiming

    their

    contracts were

    politically discriminatory reasons

    their First

    Padilla Ayala,
    ______________

    Amendment rights.
    92

    JTS

    96

    in violation

    Contending that

    (1992),

    not

    established

    Orta v.
    _______
    that

    the

    contracts of transitory employees properly may not be renewed


    even for politically discriminatory reasons without violating
    any law,

    defendants moved for summary

    immunity

    grounds.

    The

    district court

    reading of the Orta decision and,

    judgment on qualified
    rejected defendants'

    citing Cheveras Pacheco v.

    ____
    Rivera Gonzalez,
    _______________

    ___________________

    809 F.2d

    court, in rejecting a

    1987), where

    qualified immunity defense,

    that a transitory employee


    of the

    125 (1st Cir.

    this

    concluded

    was protected within the confines

    Branti-Elrod line of
    ______ _____

    cases from a

    non-renewal, denied defendants'

    politically based

    motion for summary judgment.

    Defendants have now appealed.


    It is important to

    note that, unlike the situation

    in Orta, the plaintiffs have not asserted any property rights


    ____
    in

    their transitory

    positions.

    Rather, their

    position is

    that even if they have no property interest under Puerto Rico


    law

    in continued

    employment after

    the expiration

    contracts, nevertheless defendants

    may not

    refuse to

    appointments

    renew

    plaintiffs'
    affiliation is

    their transitory

    political

    affiliation

    of their

    constitutionally

    unless

    an appropriate job requirement.

    because

    of

    political
    Plaintiffs

    -2-

    are correct for the reasons we

    explained in Cheveras Pacheco

    ________________
    v. Rivera Gonzalez, 809 F.2d 125, 127-28 (1st Cir. 1987).
    __________________
    the

    Otra
    ____

    decision

    Amendment claim
    not

    did

    not

    expressly

    address

    under the Elrod-Branti line of


    _____ ______

    any

    however,

    enjoys First
    adverse

    federal

    law governs

    Amendment protection

    employment

    Ruiz, 877 F.2d


    ____

    action.

    1114, 1119

    whether

    from a

    First

    cases, we do

    agree with defendants' reading of that decision.

    event,

    As

    an

    In any
    employee

    politically based

    See Mariani-Giron v. Acevedo___ __________________________


    n. 7 (1st

    Negron v. Castro-Davila, 865


    _______________________

    Cir. 1989);

    F.2d 431, 436 (1st

    De Abadia v. Izquierdo Mora,


    ____________________________

    792 F.2d 1187,

    Santiago_________
    Cir. 1989);

    1195 (1st Cir.

    1986).
    Defendants' attempt to distinguish Cheveras Pacheco
    ________________
    on

    the length

    present

    case;

    meritless.

    of

    almost

    As we

    F.2d 947, 951 &


    are

    transitory employment--28

    protected

    six

    years

    stated in

    from

    Figueroa v. Aponte-Roque,
    ________________________

    politically

    number of

    one-term

    the protections
    employee

    also

    motivated

    non-renewals
    served. . .

    employee `particularly'

    established in
    is

    864

    "transitory employees

    years they have

    Although "a long-tenured `temporary'

    the

    Cheveras Pacheco--is
    _________________

    n. 7 (1st Cir. 1989),

    regardless of the

    enjoys

    in

    months in

    Elrod and
    _____

    protected

    from

    Branti, a
    ______
    political

    discharge."
    Appellees have
    App.

    P. 38.

    moved for sanctions

    We agree with

    under Fed.

    R.

    appellees that this appeal is on

    -3-

    the

    verge

    of

    settled law

    frivolous.

    explained in

    Its

    outcome

    was controlled

    the district court's

    appellants have

    failed to articulate

    for appeal.

    We

    by

    opinion, and

    any reasonable

    ground

    thus will impose double costs under Fed.

    R. App. P. 38.
    The
    affirmed.

    order denying

    Loc.

    R.

    27.1.

    summary

    judgment is

    Appellants'

    appellees' request for sanctions is denied.


    awarded under Fed. R. App. P. 38.

    motion

    summarily
    to

    strike

    Double costs are

    -4-

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