Alberti v. Carlo-Izquierdo, 548 F. App'x 625

Background

Alberti held three positions at the University of Puerto Rico: director of the Family Nurse Practitioner program, grant director, and a tenure-track associate professor.
In Feb. 2008 the University removed Alberti from the two director positions; on June 12, 2008 she was terminated from the tenure-track position.
Alberti filed suit on April 25, 2008 alleging constitutional and federal/local-law claims against the University and officials/students.
Defendants moved for summary judgment; the district court treated the motion as effectively unopposed due to Alberti’s noncompliance with orders and local rules, and granted summary judgment.
On appeal Alberti challenged (procedural) extension rulings and the denial of translations, and the district court’s merits rulings on due process, First Amendment, and Title VII claims.
The First Circuit affirmed, upholding the district court’s handling of extensions and translations and rejecting Alberti’s merits challenges.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court abused its discretion on extensions and unopposed summary judgment	Alberti argues the court erred in granting extensions and deeming unopposed.	Defendants contend court acted within discretion enforcing deadlines and rules.	No abuse; court properly managed extensions and treated as unopposed.
Whether Alberti had a property interest in director positions and owed pre-termination process	Alberti claims a property interest given section 30.1.2 and trust-directed roles entitle pre-termination process.	Defendants argue no clearly established property interest; qualified immunity applies.	Qualified immunity satisfied; theory not clearly established; no pre-termination right recognized.
Whether Alberti had a property interest in the tenure-track position requiring a pre-termination hearing	Alberti asserts a protected tenure-track interest and right to pre-termination process under university rules.	Defendants rely on rules allowing termination of probationary appointment without tenure with justification.	Qualified immunity; no clearly established right to a pre-termination hearing.
Whether Alberti's First Amendment claim was properly analyzed under Garcetti/Decotiis	Alberti maintains Decotiis should apply; claims protected as academic freedom.	Garcetti controls; statements made in supervisory capacity not protected.	Garcetti/Decotiis framework applied; claim not protected.
Whether the Title VII national-origin discrimination claim survives	Alberti argues discriminatory termination based on national origin.	Defendants show legitimate non-discriminatory reasons; pretext not shown.	Affirmed; legitimate reasons supported; no pretext shown.

Key Cases Cited

Mendez v. Banco Popular de Puerto Rico, 900 F.2d 4 (1st Cir. 1990) (final extension denials require credibility and timely compliance)
Caban Hernández v. Philip Morris USA, Inc., 486 F.3d 1 (1st Cir. 2007) (courts may deem facts uncontested when opposition fails to comply with rule)
Lovelace v. Se. Mass. Univ., 793 F.2d 419 (1st Cir. 1986) (tenure decisions and due process considerations for non-tenured faculty)
Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (public employees speaking pursuant to official duties not protected by 1st Amendment)
Decotiis v. Whittemore, 635 F.3d 22 (1st Cir. 2011) (First Amendment scope for public employees in official duties context)
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (U.S. 1985) (due process rights for public employees with property interests)
Perry v. Sindermann, 408 U.S. 593 (U.S. 1972) (created basis for property interests in employment under due process)
Colón-Fontánez v. Municipality of San Juan, 660 F.3d 17 (1st Cir. 2011) (local rule compliance and evidence requirements on summary judgment)
Suárez v. Pueblo Int'l, Inc., 229 F.3d 49 (1st Cir. 2000) (proper use of facts and strict standard for summary judgment)
Rivera-Ramos v. Roman, 156 F.3d 276 (1st Cir. 1998) (clear standard for evaluating clearly established rights)