Rodriguez v. Municipality of San Juan
659 F.3d 168
| 1st Cir. | 2011Background
- Ríos, a PDP member, alleges firing by San Juan officials in 2001–2006 due to political retaliation and for protected speech.
- Santini (mayor) and Díaz (supervisor) are defendants; unnamed others also named; the suit includes federal and local claims filed in 2007–2008.
- Ríos raises First Amendment political discrimination and free-speech retaliation, plus procedural due process and equal-protection, with tolling and continuing-violation theories.
- Díaz is later added; the district court grants summary judgment to some defendants and dismisses others; the First Circuit reverses for certain federal claims and remands for further proceedings.
- The court discusses Puerto Rico tolling rules, identicality of complaints, and the Monell framework for municipal liability, setting up mixed outcomes on appeal.
- The appeal culminates in vacating summary judgment on political-discrimination and free-speech retaliation, and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the political-discrimination claim survive summary judgment? | Ríos shows Santini knew PDP ties and acted with retaliation. | Santini did not know or participate in firing; no Mt. Healthy nexus. | Yes; genuine fact disputes about intent and participation preclude summary judgment. |
| Does the free-speech retaliation claim tolling/identicality permit continuation? | April 2007 and January 2008 complaints are functionally identical for tolling. | Identicality requirement not met; limitations bar the claim. | Identicality preserved; but court reverses on basis that summary judgment cannot rest on it alone. |
| Did Díaz relate back to the original complaint under Rule 15(c)? | Díaz should be included due to same conduct and notice. | No mistake of identity; failure to show proper-party mistake. | No relation back; Díaz not properly named in original complaint. |
| Can the municipality be held liable under § 1983 for the constitutional violations? | Final policymaker Santini caused the constitutional injuries; municipal liability proper. | Need policy or custom; Santini may not have directly caused injuries. | Record supports municipal liability for political-discrimination and free-speech claims; summary judgment improper. |
Key Cases Cited
- Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (1977) (burden shift in retaliation cases)
- Peñalbert-Rosa v. Fortuño-Burset, 631 F.3d 592 (1st Cir. 2011) (political affiliation as a factor in firing must be shown)
- Rodríguez-García v. Municipality of Caguas, 354 F.3d 91 (1st Cir. 2004) (identicality tolling and internal tolling rules under PR law)
- Rodríguez v. Suzuki Motor Corp., 570 F.3d 402 (1st Cir. 2009) (tolling and discovery principles; when tolling applies)
- Morgan (National Railroad Passenger Corp.), 536 U.S. 101 (2002) (continuing-violations doctrine for hostile-work-environment claims)
- Pickering v. Bd. of Educ., 391 U.S. 563 (1968) (balance between citizen speech and governmental interests)
- Connick v. Thompson, 131 S. Ct. 1350 (2011) (municipal liability and policy/custom requirements under Monell)