# Figueroa-Rodriguez v. Lopez-Rivera

> Court of Appeals for the First Circuit · April 25, 1989 · 878 F.2d 1478

URL: https://www.frixlaw.com/law-library/cases/8971729

## Case

- **Full name:** Jose Manuel FIGUEROA-RODRIGUEZ v. Aurelio LOPEZ-RIVERA, etc., Appellant Luis J. GONZALEZ-GONZALEZ v. Carmen Sonia ZAYAS, etc., Appellant Victor M. FONTANE-REXACH v. PUERTO RICO ELECTRIC POWER AUTHORITY
- **Court:** Court of Appeals for the First Circuit
- **Decided:** April 25, 1989
- **Citations:** 878 F.2d 1478
- **Precedential status:** Published
- **Opinion:** Concurring in part by Selya
- **Judges:** Bownes, Breyer, Campbell, Selya, Torruella
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8971729

## How later opinions describe it (automated extraction)

- explaining political considerations are appropriate criteria for positions which potentially concern matters of partisan political interest and involve a modicum of policy-making responsibility, access to confidential information or official communication

## Opinion text

SELYA, Circuit Judge,
(concurring in part and dissenting in part).
I join unreservedly in the majority’s treatment of two of these cases, and write separately only to comment on the consolidated appeals concerning the two professional firefighters, Jose Manuel Figueroa Rodriguez and Luis Raul Roig Perez. As I stated in the panel opinion in the firefighters’ cases, 878 F.2d 1488 , I continue to see “a fundamental difference between a public safety agency, such as the Fire Service or a police department, on the one hand, and a social service agency on the other.” Id. at 1490 . Although I admire the force of Judge Breyer’s arguments on the point, ante at 1484-1485, I remain of the opinion that the ultimate question should have been reserved for trial, and the district court’s denial of summary judgment at this stage of the proceedings should be affirmed. To that extent, I respectfully dissent from the majority’s disposition of Nos. 87-1319 and 87-1320.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8971729. Public record. Not legal advice.