641 F.3d 1
1st Cir.2011Background
- Ríos-Colón, a Black Puerto Rico Police Department officer, sues his supervisors in their official capacities for racial discrimination.
- Allegations include slurs by Cordero and Acevedo and a conspiracy to deprive Ríos of his office space.
- From 2005–2007, Ríos worked in Drug Prevention Division in Aguadilla; his duties included talks and nights/weekends with ~$100/mo overtime.
- In Feb 2007, Cordero reassigned Ríos to a less desirable position in the Bureau of Illegal Arms West Region; no staff filled his former role.
- In Dec 2007, Adames is transferred; Salinas, a white agent, is selected for a later vacancy in the Drug Prevention Division despite Ríos’s qualifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title VII claims may be asserted against supervisors | Ríos argues supervisor-defendants can be sued as agents of the employer. | Dismissal was proper since Title VII targets employers, not supervisors as individuals. | Title VII claim survives against supervisors as agents of the employer. |
| Whether Equal Protection claim plausibly alleged racial discrimination | Complaint plausibly alleges adverse transfer based on race and hostile backdrop from Cordero. | District court properly dismissed for lack of a plausible equal protection claim. | Equal Protection claim plausibly stated; should not have been dismissed. |
| Whether district court erred in declining supplemental jurisdiction over local law claims | Remand allows adjudication of local claims alongside federal claims. | Declining jurisdiction was proper and preserved on appeal. | Vacate decline of supplemental jurisdiction; remand for local claims. |
Key Cases Cited
- Vera v. McHugh, 622 F.3d 17 (1st Cir. 2010) (Title VII against supervisor acts as employer action)
- Rubinovitz v. Rogato, 60 F.3d 906 (1st Cir. 1995) (equal protection burden requires race-based adverse treatment)
- Yerardi’s Moody St. Rest. & Lounge, Inc. v. Bd. of Selectmen, 878 F.2d 16 (1st Cir. 1989) (equal protection standing and standards)
- Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (U.S. Supreme Court 1995) (strict scrutiny framework for racial classifications)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading federal claims)