Opinion

Pedro L. Rodriguez-Pinto v. Cirilo Tirado-Delgado

  • 982 F.2d 34
  • 1993 U.S. App. LEXIS 58
  • 1993 WL 610
Court
Court of Appeals for the First Circuit
Filed
Jan 5, 1993
Status
Published
Author
Torruella
On the bench
Torruella, Stahl, Skinner
Cited by
112 cases
Authority
More cited than 25.8%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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