Employment – Political affiliation – Rule 11 Sanctions

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Where a plaintiff brought suit against the defendant Secretary of State of the Puerto Rico State Department for firing the plaintiff from his position as Assistant Secretary of State for Protocol Affairs at the Puerto Rico State Department, a judgment for the defendant on the plaintiff’s political discrimination claim should be affirmed on the ground that political affiliation is an appropriate qualification for the position.

Also affirmed is the judge’s decision to sanction the plaintiff’s attorneys $1000 each for submitting pleadings and responses that violated Federal Rule of Civil Procedure 11(b).

“After reviewing the filings and the record, we conclude that the court did not abuse its discretion in imposing sanctions. We agree with the district court that the plaintiffs’ opposition to summary judgment and the statement of contested material facts consist, in large part, of speculation and conclusory allegations for which the only evidentiary support is [plaintiff Prudencio] Méndez-Aponte’s sworn affidavit, which itself contains conclusory allegations. … Neither filing has any promise of likely evidentiary support. We provide one example of the conclusory allegations included in the opposition to summary judgment: ‘Plaintiff’s conduct [— speaking in favor of the purchase of Iraqi dinars —] was constitutionally protected. And it was under the pretext of this conduct that he was condemned and discriminated against. Plaintiff did not hold a policy making position, and his political affiliation was not a requirement for the office held. … [P]ursuant to the difference in political affiliation [between Méndez-Aponte and Bonilla,] he was suspended from his employment.’ After engaging in the same wild-goose chase that the district court had to endure to find evidentiary support for Méndez-Aponte’s factual allegations, we hold that the district court did not abuse its discretion in concluding that Méndez-Aponte’s attorneys violated Federal Rule of Civil Procedure 11(b). We therefore affirm its imposition of sanctions.”

Méndez-Aponte v. Bonilla (Lawyers Weekly No. 01-167-11) (19 pages) (Torruella, J.) (1st Circuit) Appealed from the U.S. District Court for the District of Puerto Rico (Docket No. 09-2534) (July 8, 2011).

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