Anthony Rodriguez v. City of Doral
863 F.3d 1343
| 11th Cir. | 2017Background
- Anthony Rodriguez, a Doral police detective, volunteered and publicly supported City Councilwoman Sandra Ruiz, a political rival of Mayor Juan Carlos Bermudez. Rodriguez alleges this political association led to retaliatory targeting by the mayor and police chief Ricardo Gomez.
- Multiple colleagues reported remarks and conversations suggesting Bermudez wanted Rodriguez removed; Commander Montgomery, Councilman Cabrera, and others recounted statements implying a plan to ‘‘get rid of’’ Rodriguez for his association with Ruiz.
- Gomez initiated investigations and altered internal findings and Rodriguez’s performance review, resulting in written counseling and a downgraded evaluation that Rodriguez contends were pretextual and politically motivated.
- On January 29, 2009, Gomez gave Rodriguez a letter stating his employment was ‘‘terminated effective immediately,’’ then offered him five minutes to resign instead. Rodriguez signed a resignation letter under distress, later attempted to rescind it, and was denied.
- Rodriguez sued under 42 U.S.C. § 1983 claiming First and Fourteenth Amendment retaliation for political association. The district court granted summary judgment for the City and Bermudez, finding Rodriguez voluntarily resigned; Rodriguez appealed.
- The Eleventh Circuit reversed and remanded, concluding a genuine factual dispute exists whether Rodriguez’s resignation was involuntary (i.e., constructive discharge) and thus whether he suffered an adverse employment action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rodriguez suffered an adverse employment action | Rodriguez says he was effectively terminated / forced to resign under duress after being handed a termination letter | Defendants contend he voluntarily resigned (so no adverse action) | Reversed district court: a jury could find resignation involuntary (constructive discharge) |
| Whether the termination/resignation was voluntary | Rodriguez: resignation coerced—five-minute ultimatum, no reason given, no real alternative or appellate remedy | Defendants: resignation was a choice; resignation was accepted and appeal options existed | Court applied due-process voluntariness factors and found material factual disputes favoring Rodriguez on duress inquiry |
| Whether plaintiff’s political association was protected and causally related | Rodriguez: his support for Ruiz is constitutionally protected and was a motivating factor in adverse actions | Defendants: dispute causal link / argue lack of adverse action meant no § 1983 claim | Court accepted protected activity element; remanded to litigate motivating-factor and causation at trial because adverse action issue unresolved |
| Proper standard for voluntariness in First Amendment retaliation context | Rodriguez: voluntariness assessed under established due-process constructive-discharge framework | Defendants: no separate standard needed; resignation was voluntary here | Court held due-process voluntariness/Hargray framework applies and directed consideration of five coercion factors; summary judgment inappropriate |
Key Cases Cited
- Elrod v. Burns, 427 U.S. 347 (First Amendment protects political association)
- Branti v. Finkel, 445 U.S. 507 (public employer may not fire employees solely for political affiliation absent position-related need)
- Mt. Healthy City Bd. of Ed. v. Doyle, 429 U.S. 274 (burden-shifting framework for retaliation claims)
- Hargray v. City of Hallandale, 57 F.3d 1560 (11th Cir. 1995) (voluntariness/constructive-discharge factors and test for coercion/duress)
- McCabe v. Sharrett, 12 F.3d 1558 (11th Cir. 1994) (termination is an adverse employment action)
- Thomas v. Dillard Dept. Stores, Inc., 116 F.3d 1432 (adverse-termination inquiry depends on surrounding circumstances)