Maloy v. Ballori-Lage
2014 U.S. App. LEXIS 4307
| 1st Cir. | 2014Background
- Maloy, a Puerto Rico real estate broker, publicly criticized the Puerto Rico Real Estate Examining Board for alleged corruption.
- Maloy sought a license to establish a bilingual real estate school; the Board denied the application as untimely.
- Hearing occurred March 25, 2010, with Maloy's appearance and interview.
- Maloy sued under 42 U.S.C. § 1983 alleging First Amendment retaliation; the district court dismissed the claim under Rule 12(b)(6).
- On appeal, the First Circuit vacated and remanded, finding the complaint plausibly states a retaliation claim and raising potential pretext.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Protected conduct and causation | Maloy's speech was protected. | Board had legitimate reason—timeliness—to deny. | Plausible retaliation stated; not dismissed at pleading stage. |
| Pretext viability | Evidence supports pretext for retaliatory denial. | Timeliness as the true basis for denial. | Pretext plausibility survives dismissal ruling. |
| Consideration of denial letter | Letter and notice suggest pretext. | Record does not require treating letter as dispositive. | Pretext remains plausible; court may not rely solely on letter. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (pleading standard for plausibility; not mere possibility)
- Pickering v. Board of Education, 391 U.S. 563 (U.S. 1968) (core value of free speech in public debate)
- Grajales v. P.R. Ports Auth., 682 F.3d 40 (1st Cir. 2012) (reversing dismissal in political discrimination case when nonconscious retaliation plausible)
- Travers v. Flight Servs. & Sys., 737 F.3d 144 (1st Cir. 2013) (employer discretion in policy can affect plausibility of retaliation claim)
- Borough of Duryea v. Guarnieri, 131 S. Ct. 2488 (2011) (the right to petition protects expression to government)