Morales-Narvaez v. Rossello, 65 F.3d 160, 1st Cir. (1995)

65 F.
3d 160
NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished

opinions may be cited only in related cases.
Arnaldo MORALES-NARVAEZ, et al., Plaintiffs--Appellants,
v.
Pedro J. ROSSELLO, et al., Defendants--Appellees.
No. 94-1808.
United States Court of Appeals, First Circuit.

Sept. 13, 1995.
1
Manuel Alvarado for appellants.
Vannessa Ramirez, Asst. Sol. Gen., Dept. of Justice, with whom Pedro A.
Delgado-Hernandez, Sol. Gen., Jose L. Nieto and Dominguez & Totti, were on
brief for appellees.
Before BOUDIN, Circuit Judge, LYNCH,* Circuit Judge, and BOYLE,**

Senior District Judge.
BOYLE, Senior District Judge.
This case concerns the transfers of the appellants from their positions in the
Contracts Office within the Office of the Governor of Puerto Rico to positions
in another department of the Office of the Governor. The appellants, claiming
that the transfers improperly were based on their political associations and
violated their procedural due process rights, moved for a preliminary injunction
returning them to their original positions. The district court, without conducting
a hearing, denied the motion, concluding that they failed to show both a
likelihood of success on the merits and a threat of irreparable harm, and that the
harm caused by denying the motion would not outweigh the potential harm to
the government of Puerto Rico if the motion were denied. 852 F.Supp. 104,
115-16 (D.P.R.1994). Appellants argue (1) that the district court abused its
discretion and legally erred by denying the preliminary injunction, and (2) that
the district court should have conducted an evidentiary hearing before
determining the motion. We conclude that the sparse record did not support a
preliminary injunction. We do not reach appellants' other argument because the
interests of justice would not be served by remanding the case for an

evidentiary hearing on the preliminary injunction when trial on the merits
should be imminent. We affirm the order of the district court, anticipating that
the matter will be promptly scheduled for a trial on the merits.
I. BACKGROUND
6
We briefly summarize the uncontested facts. Appellants, Arnaldo MoralesNarvaez ("Morales"), Rosa Ortega-Torres ("Ortega"), and Isabel MartinezCamacho ("Martinez"), were employed in the Contracts Office at the Executive
Mansion of the Governor of Puerto Rico. Morales was employed as a contract
analyst, and Ortega and Martinez were employed as secretaries. The three
appellants were supporters of the Popular Democratic Party ("PDP").
In November 1992, the New Progressive Party ("NPP") defeated the PDP in the
general election. The NPP administration, and the appellee NPP administration
officials, assumed office in January 1993. In March 1993, appellants were
notified that they were being transferred from the Contracts Office to another
division of the Office of the Governor, known as Programa RED ("RED").
Appellants commenced this action under 28 U.S.C. Secs. 1983, 1985, and 1986.
In support of their claims under Sec. 1983, appellants asserted they were
transferred because of their association with PDP, in violation of their rights
under the First and Fourteenth Amendments to the Constitution of the United
States. They further asserted that the circumstances of their transfers violated
their procedural due process rights. Appellants moved the court for a
preliminary injunction, seeking return to their former positions. Briefs and
supporting documents were filed in support of their motion. Appellees in turn
filed opposing memoranda and supporting documents.
The district court issued its Opinion and Order on May 16, 1994, denying
appellants' motion. The court's determination was based primarily on its
conclusion that appellants failed to show both a likelihood of success on the
merits of their claims and a threat of irreparable harm. See 852 F.Supp. at 11012, 114-15.
II. DISCUSSION
A. The Sec. 1983 Claims
10
We first address appellants' argument that the preliminary injunction should

issue because the district court abused its discretion and legally erred. We are
not prepared to say that appellants were entitled to a preliminary injunction on

the basis of the record. In particular, we note that the record does not support a
finding of irreparable harm. First, appellants failed to submit job descriptions so
that the district court could determine the magnitude of the harm they claim to
have suffered from their transfers to new jobs at the same pay. Second,
appellants waited to file their complaint until July 6, 1993, more than three
months after the transfers took effect, thereby undercutting the claimed
irreparable nature of their injury. The district court determined that plaintiffs'
injury was not irreparable, in part, because plaintiffs did not show that their new
jobs were unreasonably inferior to the old jobs.
11
Furthermore, the district court noted how the absence of evidence on the job
descriptions in particular made difficult the determination of the issues relating
to the appellants' claim for a preliminary injunction. It said: "[t]he absence in
the record of detailed job descriptions hampers our ability to explore the details
of the [appellants'] duties," 852 F.Supp. at 109; "the question remains whether
the contract analyst position as newly reconstituted is a career position[;]
[a]gain, neither party has addressed this issue," id. at 110 (emphasis omitted);
"the proper inquiry is whether the position in question places an employee
intrinsically, not incidentally, in a confidential position[;] ... [the court was not
provided with] job descriptions detailing [appellants'] duties and responsibilities
to allow [it] to determine if they involved partisan political concerns so that
political affiliation would be an appropriate job requirement," id. at 111.
12
Section 1983 actions concerning transfers of public employees on the basis of

their political affiliations are especially dependent on detailed factual
determinations concerning claimants' job responsibilities. See, e.g., M e ndezPalou v. Rohena-Betancourt, 813 F.2d 1255, 1260-62 (1st Cir.1987); Collazo
Rivera v. Torres Gaztambide, 812 F.2d 258, 261-62 (1st Cir.1987); Jim enez
Fuentes v. Torres Gaztambide, 807 F.2d 236, 243-44 (1st Cir.1986), cert.
denied, 481 U.S. 1014 (1987). Appellants assert that producing detailed job
descriptions is appellees' burden; appellees assert it is appellants' burden. We
need not decide this issue in the aftermath of Rutan v. Republican Party of
Illinois, 497 U.S. 62 (1990), given our disposition of this matter.
13
Appellants' other argument is that the district court should have afforded them
an evidentiary hearing before making its determination. We do not reach this
issue because we believe that the interests of justice do not justify remanding
the case for an evidentiary hearing. The papers supporting and opposing the
preliminary injunction had been filed by October 22, 1993, the district court
issued its order on May 16, 1994, and fifteen months have passed in the
interim. Because the judge ordered expedited discovery, such discovery should
have taken place by now and the matter should be at or near trial on the merits.
14
If a trial or other final disposition is indeed in prospect, diverting efforts to a

new preliminary proceeding could disserve the interests of both sides in an
expeditious resolution and could needlessly waste judicial resources. In these
circumstances, we think that the district court may reasonably insist that the
parties proceed promptly to trial instead of revisiting the preliminary
injunction.
B. The Secs. 1985 and 1986 Claims

15
The district court determined that appellants' claims under 28 U.S.C. Secs. 1985
and 1986 were without merit, and that appellants were therefore unable to show
a likelihood of success on the merits as to those claims. See 852 F.Supp. at 11415. Appellants do not contest this determination, and it is affirmed.
III. CONCLUSION
16
The district court's Order and Opinion is affirmed.
Judge Lynch replaces Senior Circuit Judge Campbell who has recused himself
and has taken no part in the consideration of this case. Judge Lynch has
participated in the decision based upon the briefs, record, and a recording of the
oral argument
**
Of the District of Rhode Island, sitting by designation

Morales-Narvaez v. Rossello, 65 F.3d 160, 1st Cir. (1995)

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Morales-Narvaez v. Rossello, 65 F.3d 160, 1st Cir. (1995)

Uploaded by

Copyright:

Available Formats

65 F.

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished

United States Court of Appeals, First Circuit.

Manuel Alvarado for appellants.

Before BOUDIN, Circuit Judge, LYNCH,* Circuit Judge, and BOYLE,**

BOYLE, Senior District Judge.

interests of justice would not be served by remanding the case for an

We first address appellants' argument that the preliminary injunction should

not prepared to say that appellants were entitled to a preliminary injunction on

Section 1983 actions concerning transfers of public employees on the basis of

If a trial or other final disposition is indeed in prospect, diverting efforts to a

B. The Secs. 1985 and 1986 Claims

The district court's Order and Opinion is affirmed.

Of the District of Rhode Island, sitting by designation

You might also like