Marrero-Gutierrez v. Molina

491 F.3d 1 (1st Cir. 2007)

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Nature of the Case

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Facts

Ps are former employees of the Housing Department (D) and active members of the New Progressive Party (NPP). Puerto Rico held its general elections, and the Popular Democratic Party (PDP) won control of the government. The PDP is a political adversary of the NPP. P worked in D for ten years. In May 2000, he received a promotion to the position of Administrative Director II and was appointed as the Director of the Office of Security and Emergency Management of the Housing Department. With PDP's win, Coss - a member of the PDP - was appointed Special Assistant to the Secretary of the Housing Department. P alleges that Coss gave instructions to D to find a way to replace him with a PDP adherent. Coss made this request to Angel Semidey (Semidey) who, despite being a PDP adherent, refused to help Coss and subsequently resigned. On March 7, 2001, P was demoted and learned from Semidey why he was demoted. Marrero (P) held a career position as Director of the Section 8 Program starting in 1994. She gained praise from both parties during her career for her job performance. In 2002, D was reorganized which amounted to a constructive demotion of her by reducing her responsibilities and subjecting her to an abusive work environment. Marrero (P) alleges she was harassed and intimidated. While on medical leave, Marrero (P) received a letter dated April 18, 2002, stating the intention to remove her from office. This letter, and a subsequent one, accused her of failing to perform job duties and of committing illegal acts. These accusations mirrored ones levied against Velez - a member of the PDP - who directly supervised Marrero (D) during this time. D also notified Velez that it intended to terminate him. Velez was initially demoted and later terminated. Eventually, D notified Marrero (P) of her separation from employment and salary. Ps sued Ds. D successfully moved to dismiss, on Eleventh Amendment grounds, the claims against it for monetary relief. Marrero (P) does not appeal this ruling. The district court granted Ds judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). Ps appealed.