Police Officer’s Speech Did Not Address Matter Of Public Concern
Ramón Rosado-Quiñones, an officer in the Puerto Rico Police Department brought an action against Department officials under 42 U.S.C. § 1983 seeking over $10 million in damages. He claimed that his superiors violated his First Amendment rights when they assigned him to new job duties, allegedly in retaliation for his having filed a lawsuit against them in a local court. Rosado also asserted a due process claim that he was denied notice and a hearing about his changed job responsibilities.
The district court granted summary judgment for the defendant. On appeal, the 1st Circuit affirmed, holding that: (1) the district court correctly held that because Puerto Rico law does not recognize any property interest in the performance of particular job functions in the course of an employee's continued employment, there was no constitutionally protected interest requiring a due process hearing; and (2) Rosado's first lawsuit did not constitute speech on a matter of public concern and accordingly he had no First Amendment free speech challenge.
Rosado-Quinones v. Toledo
The 1st Circuit Court of Appeals’ jurisdiction includes Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island.