Eilek Más Rivera v. Julio Roldán-Concepción, in his personal and official capacity as Mayor of the City of Aguadilla, et al.

Summary

The United States District Court for the District of Puerto Rico rules on defendants’ motion to dismiss claims arising from alleged politically discriminatory employment actions under the First Amendment and 42 U.S.C. § 1983, as well as Puerto Rico law. The court dismisses the First Amendment claim against human-resources director Grisell Lausell, allows the claim against Head Start director Melba G. Rivera to proceed, and denies Mayor Julio Roldán-Concepción’s qualified-immunity defense at the pleading stage. The excerpt also addresses claims under Puerto Rico Act 90-2020 and the Puerto Rico Constitution.

Holdings

1. The complaint failed to state a plausible First Amendment political-discrimination claim against Lausell because it did not adequately allege that Lausell knew Más's political affiliation or took an actionable adverse employment action against her.
2. Más plausibly alleged a First Amendment political-discrimination claim against Rivera, so dismissal of that claim was denied.
3. Roldán was not entitled to qualified immunity at the pleading stage because the complaint plausibly alleged violation of a clearly established First Amendment right.
4. The Act 90-2020 claims against Rivera and Lausell were dismissed because they were not the employer subject to liability under the allegations.
5. The court denied without prejudice Roldán's exhaustion-based dismissal argument because the defendants did not establish that an employer procedure and protocol existed for Más to follow.
6. Más could not maintain an Article 1536 tort claim based on the same factual allegations supporting her Act 90-2020 claim.

Questions Presented

1. Whether Más plausibly alleged a First Amendment political-discrimination claim against Lausell and Rivera under 42 U.S.C. § 1983.
2. Whether Roldán was entitled to qualified immunity on the First Amendment political-discrimination claim.
3. Whether Más's claim under Puerto Rico Act 90-2020 was barred by the Act's employer and administrative-exhaustion requirements.
4. Whether Más could maintain an Article 1536 Puerto Rico Civil Code tort claim based on the same conduct supporting her Act 90-2020 claim.

Disposition

other