finding that plaintiff had made out a prima facie case of political discrimination where “since his reassignment, plaintiff only has been assigned clerical tasks which take ten minutes a day to perform”
How later courts described this case
- finding that plaintiff had made out a prima facie case of political discrimination where “since his reassignment, plaintiff only has been assigned clerical tasks which take ten minutes a day to perform”
- stating that an issue is “genuine” when “the evidence is such that a reasonable jury could resolve the point in favor of the nonmoving party.”
- holding that employee’s constructive discharge claim failed where he did not leave his employment
- finding that an employee’s potential for salary increase does not constitute a property right
Written by the judges who cited it.
The opinion
TORRUELLA, Circuit Judge
(concurring).
Although I concur with the majority I am of the view that Agosto-de-Feliciano v. Aponte-Rogue, 889 F.2d 1209 (1st Cir.1989) (en banc), particularly its so-called “changeover” defense, see ante at 40 n. 9, no longer reflects the law of the land as articulated by the Supreme Court in Rutan v. Republican Party of Illinois, 497 U.S. 62 , 110 S.Ct. 2729 , 111 L.Ed.2d 52 (1990). I therefore do not consider Agosto-de-Feliciano authoritative circuit precedent.