Marin-Piazza v. Aponte-Roque, MARIN-PIAZZA

• Decision Date: 31 October 1988
• Docket Number: No. 87-1592,MARIN-PIAZZA,D,APONTE-ROQU,87-1592
• Citation: 873 F.2d 432
• Parties: , 53 Ed. Law Rep. 428 Magda L., et al., Plaintiffs, Appellees, v. Awildaefendant, Appellant. . Heard
• Court: U.S. Court of Appeals — First Circuit

Page 432

873 F.2d 432

13 Fed.R.Serv.3d 1087, 53 Ed. Law Rep. 428

Magda L. MARIN-PIAZZA, et al., Plaintiffs, Appellees, v. Awilda APONTE-ROQUE, Defendant, Appellant.

No. 87-1592.

United States Court of Appeals First Circuit.

Heard Oct. 31, 1988.

April 26, 1989.

Vannessa Ramirez, Asst. Sol. Gen., Hato Rey, P.R., Dept. of Justice, with whom Rafael Ortiz Carrion, Sol. Gen., and Norma Cotti Cruz, Deputy Sol. Gen., were on brief for defendant, appellant.

Frank Rodriguez Garcia with whom Felix A. Colon Miro, Ponce, P.R., was on brief, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, COFFIN and TORRUELLA, Circuit Judges.

COFFIN, Circuit Judge.

The Secretary of Education of Puerto Rico and several other school officials have attempted to appeal judgments below granting reinstatement, back pay, compensatory damages, punitive damages, and doubled compensatory damages under state law to plaintiffs, two teacher's aides, as proper recompense for the termination of their employment because of their political affiliation. After oral argument, plaintiffs' counsel called to our attention the failure, under Fed.R.App.P. 3(c), of defense counsel to list each codefendant separately in the Notice of Appeal. Consequently, under Torres v. Oakland Scavenger Co., --- U.S. ----, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988), and Santos-Martinez v. Soto-Santiago 863 F.2d 174 (1st Cir.1988), we hold that only Secretary Aponte Roque ("the defendant"), whose name appears in the notice of appeal, is properly before this court. We limit our consideration accordingly. ¹

Our review persuades us to affirm the jury's finding of liability as to the defendant, and the awards of reinstatement, back pay, and compensatory damages. We set aside, however, punitive damages and double compensatory damages under state law claims.

Facts

The following are the relevant facts and inferences therefrom favorable to the plaintiffs as the jury could properly have found.

Plaintiffs Marin-Piazza and Rivera-Rivera were employed in the Washington Irving School, Adjuntas School District, Ponce Region, as special education teacher's aides ² from August 1, 1983, until June 28, 1985. Although their contract was for an annual fixed term, beginning on August 1 and expiring at the end of the following June, plaintiffs were assured by their superintendent that, if their performance was satisfactory, they could expect to be reappointed. At the end of their first year they were indeed reappointed for a second year, without having filled out application forms. Plaintiffs' academic credentials consisted of a high school diploma and no more than nine university credits. At this time, anyone with a high school diploma and a 2.00 grade point average met the minimal requirements of a teacher's aide. Both were affiliated with the New Progressive Party (NPP).

With the coming to power of the Popular Democratic Party (PDP) after the 1984 elections, defendant Aponte Roque was appointed Secretary of Education. Under date of July 10, 1985, she issued Circular Letter 2-85-86 establishing new eligibility standards for the position of teacher's aide and a new procedure for processing applicants. Applicants were required to have at least 60 college credits with at least a 2.00 grade point average or two years' satisfactory experience. Instead of the prior practice of leaving the selection of candidates to the superintendent of each district, future selections would be made by the unanimous decision of a committee composed of the school superintendent, the principal of the school, and a representative of the regional director; should a unanimous decision not be forthcoming, the regional director would decide.

Plaintiffs were interviewed by a committee composed of the superintendent of the district, defendant Pagan; the zone health supervisor, defendant Santiago, who had assertedly been named by all school principals in the district to serve as their surrogate on selection committees; and the regional supervisor, defendant Ortiz, who was named as the representative of the regional director, defendant Lao. Although plaintiffs met the threshold of two years of satisfactory experience, the committee understood that the college credit requirement was to be weighted more heavily.

The results of the selection process were that of the 15 appointments, only 1 of the 11 NPP aides was reappointed, while all 4 of the PDP aides were reappointed. On the other hand, 6 aides who were not PDP members received appointments, while 9 PDP aides were appointed. All successful applicants had met the 60 college credits requirement.

Discussion

Plaintiffs brought suit for the wrongful termination of their employment under 42 U.S.C. Sec. 1983, alleging violation of both their first amendment and due process rights, and asked the court to take pendent jurisdiction over their claim for double damages under 29 L.P.R.A. Secs. 136 (Law No. 382 of 1950) and 146 (Law No. 100 of 1959).

The jury awarded identical damages to each plaintiff: $10,900 in back pay; $5,000 in "other compensatory damages," and $15,000 in punitive damages. The district court denied defendants' entitlement to qualified immunity, ³ granted reinstatement, and awarded "double damages" under 29 L.P.R.A. Secs. 136 and 146 amounting to $15,900. 668 F.Supp. 63. Each plaintiff, therefore, was to recover $46,800 from defendants, who were held jointly and severally liable.

Plaintiffs' major claim is (1) that although they were transitory employees under annual contracts with the Department of Education, both custom and assurances of retention gave them a reasonable expectancy in remaining in their positions; and (2) that they were dismissed from the positions, because of their NPP political affiliation, by the combined effects of, first, the defendant Secretary's action holding up reappointments and compelling plaintiffs to apply under her new criteria and, second, a partisan decision on their retention by a committee composed entirely of members of the PDP. These allegations amount to a claim of right to retain public employment, protected against political discrimination. Cheveras Pacheco v. Rivera Gonzalez, 809 F.2d 125, 128 (1st Cir.1987).

The defendant challenges the sufficiency of evidence to support the jury's finding that political discrimination was the motivating reason for the nonrenewal of plaintiffs' contracts. The evidence connecting the defendant to plaintiffs' ultimate termination was not compelling. We might well have decided, if we had been the factfinder, that she, as she testified, had genuinely wished to raise the caliber of teacher's aides by laying more stress on college credits. The fact that all aides appointed did possess at least 60 hours of such credits was an indication that the new policy was not a pretext. And we are inclined to give a certain amount of leeway to personnel decisions of new administration officials which implement a facially politically neutral reorganization of structure or procedure.

We nevertheless hold that the evidence in this record was sufficient to support the verdict as to the Secretary. The jury could reasonably have thought along these lines. First, the Secretary may have concluded that a large number of teacher's aides were appointed during the years of NPP domination and that few of them would have accumulated 60 college credits. Second, she may have thought that, by forcing an open competition between present aides and new applicants, enough PDP applicants with 60 college credits would apply to provide a much "richer" pool to choose from. The fact that there were 64 applicants for 15 aide positions is supportive of this assumption. And, most critically, to ensure that a PDP "tilt" was guaranteed, she may have inserted the requirement of either a unanimous committee vote on an applicant or, failing unanimity, decision by one of her own regional directors, all such directors being PDP members. Under this reasoning, the jury could have felt that an increase in the percentage of PDP teacher's aides from 26 percent to 60 percent was evidence of the tilt. Similarly, it could have concluded that the fact that all of the new aides had the requisite college credits did not negate discrimination. We cannot say, on this particular record, that the finding as to the Secretary's liability was insufficient. ⁴ 4]

The defendant also challenges the award of $5,000 as "other compensatory damages" (in addition to back pay), and the award of $15,000 in punitive damages as excessive. While the "other compensatory" testimony involved reactions of an emotional and subjective nature, we cannot say that our conscience is shocked. This award may stand.

The issue raised by the challenge to the jury's awards of $15,000 as punitive damages is troubling. Under our holding in a 1977 case, Alicia Rosado v. Garcia Santiago, 562 F.2d 114, 121 (1st Cir.), punitive damages could not be justified in the absence of "aggravating circumstances." Such are not evident in the record of this case. But, as we recognized in Rowlett v. Anheuser-Busch, Inc., 832 F.2d 194, 205 (1st Cir.1987), the Supreme Court clarified the threshold standard for the imposition of punitive damages as embracing not only "evil motive or intent" but also "reckless or callous indifference to the federally protected rights of others." Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625, 1640, 75 L.Ed.2d 632 (1983). In Smith, the Court held that a prison guard did not have to act with malicious intent to harm an inmate in order to be liable for punitive damages, where his failure to take minimal precautions could reasonably be considered "reckless indifference." Thus, while the guard may not have intended to deny the plaintiff in Smith his constitutional rights, he could nevertheless receive a punitive fine for his callous disregard for a prisoner's well-established right to at least a minimally safe environment.

The record below fails to reveal...