USCA1 Opinion

UNITED STATES COURT OF APPEALS

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
FOR THE FIRST CIRCUIT

_________________________

No. 96-1490

JUAN A. BERDEC A-P REZ,

Plaintiff, Appellee,

v.

JOS

ZAYAS-GREEN, ET AL.,

Defendants, Appellants.

_________________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Carmen Consuelo Cerezo, U.S. District Judge]

___________________

_________________________

Before

Selya, Circuit Judge,

_____________

Bownes, Senior Circuit Judge,

____________________

and Stahl, Circuit Judge.

_____________

_________________________

Jose R. Perez-Hernandez and

_________________________

Pierluisi & Mayol-Bianchi on

__________________________

brief for appellants.

Ramonita Dieppa-Gonz lez
________________________

and

Puerto Rico Legal Services,

_____________________________

Inc. on brief for appellee.

____

_________________________

April 16, 1997

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SELYA,
SELYA,

Circuit Judge.
Circuit Judge.
______________

Plaintiff-appellee

Juan

A.

Berdec a-P rez, an accountant, has worked for the Municipality of

Barranquitas from 1978 to the present time.

In the November 1992

elections, the New Progressive Party seized the reins of power in

the municipal government.

transferred

intact).

slashed

to

a different

In early

sharply.

he

officials.

held,

retaliation

Party.

(though

the

for his

42 U.S.C.

He

defendants

active

remained

salary was

pursuing administrative

1983 (1994) and

alleged, inter
_____

was not a

his salary

the plaintiff's

After unsuccessfully

political affiliation

that

post

1994, however,

remedies, he invoked

municipal

Shortly thereafter, the plaintiff was

sued two

alia, that,
____

top

although

suitable criterion for

the job

nonetheless

pay

support of

cut

his

the Popular

in

Democratic

In

due

course,

disposition on the

immune

1996,

the

defendants

ground that

they were

from the plaintiff's suit

the

district court

single-sentence

order.

their

defendants

for

at least

for damages.

denied

The

moved

brevis
______

qualifiedly

On February 26,

motion in

then

cryptic,

prosecuted this

interlocutory appeal.

We need not tarry.

claim

that

scrutiny

their actions

as

matter

plaintiff's salary was

Act,

P.R. Laws

regulations

To the extent that

are

of

law

insulated

because

the appellants

from First

reduction

necessitated by the Uniform

Ann. tit.

thereunder, and

3,

760 et
__

the

Amendment

seq. (1988
____

in

the

Compensation

Supp.), the

personnel regulations

of

the

Municipality of Barranquitas, they are wrong

under federal law

See, e.g.,
___ ____

that was clearly established

when they acted.

Rosario-Torres v. Hernandez-Colon, 889

______________
_______________

(1st Cir. 1989) (en

F.2d 431, 433-34 (1st

F.2d 139,

and they are wrong

F.2d 314, 318

banc); Santiago-Negron v. Castro-Davila, 865

_______________
_____________

Cir. 1989); Roure v. Hernandez Colon, 824

_____
________________

141-43 (1st Cir.

1987) (per curiam).

To

the extent

that the appellants claim

that their actions are

First Amendment scrutiny as

intention was to

___,

v.

the record presents an

2151, 2156 (1995);

appeal.

F.3d 71,

See Johnson v.
___ _______

Santiago-Mateo v.
______________

___ (1st Cir. 1997) [No. 96-1688,

Kelley, 63
______

their only

issue of

an issue of the type that can no longer

be resolved on interlocutory

S. Ct.

a matter of fact because

obey the law,

fact as to their intent

insulated from

75 (1st

Cordero, ___
_______

F.3d

slip op. at 3-5]; Stella

______

Cir. 1995).

instant appeal is an exercise in futility.1

Appeal dismissed.
Appeal dismissed.
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Jones, 115
_____

Either

way, the

____________________

1The lack of specific findings by the lower court, while not

fatal to its ruling on summary judgment, see Domegan v. Fair, 859

___ _______
____
F.2d

1059, 1065-66

task.

Especially

attend the
immunity

(1st Cir.

1988), complicates

in light of the

jurisdictional questions that

denial of summary judgment

defenses,

we

urge

the

the appellate

motions raising qualified

district

courts,

either

by

rescripts or bench decisions, to give us some indication of their

reasoning.