818 F. Supp. 2d 452
D.P.R.2011Background
- Alberti, a US-born Family Nurse Practitioner with a nursing doctorate, was hired by the University of Puerto Rico (UPR) as FNP Program Director (May 2006–Feb 2008) and later as an Associate Professor on a probationary appointment (July 2006–Aug 2008).
- She was responsible for administering over $1 million in federal funds, hiring personnel, developing the FNP Program, curriculum, student recruitment, and ensuring grant compliance.
- She was removed as FNP Program Director in Feb 2008 and her probationary appointment as Associate Professor was terminated in Aug 2008.
- Alberti asserted constitutional due process claims (Fourth, Fifth, Fourteenth Amendments) and 42 U.S.C. § 1983, retaliation under First Amendment, and Puerto Rico Law 115/ Law 100 claims, plus a §1985(3) conspiracy and Title VII national-origin discrimination claims.
- The court held that the UPR and the SON are an arm of the state with Eleventh Amendment immunity; Title VII claims against the University are allowed but must be analyzed under McDonnell Douglas framework; the court granted summary judgment to Defendants on all federal and Puerto Rico Law 100 claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eleventh Amendment immunity scope | UPR and SON might be liable despite immunity. | UPR/SON are arms of the state; immunity extends. | Eleventh Amendment immunity applies; Title VII claims analyzed separately. |
| Existence of a property interest in FNP Director role | Director role created a property interest. | Role is a trust appointment terminable at will; no property interest. | No cognizable property interest in FNP Director position. |
| Property interest in probationary Associate Professor | Probationary appointment implied permanence. | Probationary status and five-year tenure requirements foreclose permanence absent five-year period. | No property interest; termination during probation lawful; no due process right to pre-termination hearing. |
| First Amendment retaliation viability | Speech related to program issues protected; retaliation established. | Speech made pursuant to official duties; not protected; Mt. Healthy defense applicable. | First Amendment claim failed; statements not protected; qualified immunity applies. |
| Title VII national-origin discrimination viability | Discrimination due to US-born status; prima facie case. | Non-discriminatory performance-based justifications; no pretext shown. | Title VII claim dismissed with prejudice; no pretext evidence; no direct evidence of discrimination. |
| §1985(3) conspiracy viability | Conspiracy to deprive rights based on national origin. | No protected-right deprivation shown; no conspiracy with animus. | Conspiracy claim dismissed with prejudice. |
Key Cases Cited
- Lovelace v. Southeastern Massachusetts University, 793 F.2d 419 (1st Cir.1986) (pre-termination hearings not required for non-tenured employment; no property interest)
- Garcetti v. Ceballos, 547 U.S. 410 (U.S. 2006) (speech made pursuant to official duties not protected; employer can discipline)
- Lovell v. Southeastern Massachusetts Univ., 793 F.2d 419 (1st Cir.1986) (reiterates Lovelace preclusion on due process for probationary status)
- Fitzpatrick v. Bitzer, 427 U.S. 445 (U.S. 1976) (Title VII abrogation of Eleventh Amendment immunity)
- Cardona Román v. University of Puerto Rico, 799 F.Supp.2d 120 (D.P.R. 2011) (Title VII applies to University of Puerto Rico; abrogation of immunity asserted)
- Diaz-Bigio v. Jorge Santini, 652 F.3d 45 (1st Cir.2011) (three-part Diaz-Bigio test for First Amendment retaliation)
- Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (U.S. 1977) (but-for causation standard and Mt. Healthy defense in retaliation)