SANTIAGO-NEGRON V. CASTRO-DAVILA 865 F.2d 431 (5th Cir. 1989) CASE BRIEF

SANTIAGO-NEGRON V. CASTRO-DAVILA

865 F.2d 431 (5th Cir. 1989)

NATURE OF THE CASE: Castro (D) appealed an order which awarded damages and back pay and reinstatement of Santiago (Ps) in Ps' action under 42 U.S.C.1983 arising out of politically motivated discharges.

FACTS: After winning an election D and his administration proceeded to replace Municipal employees belonging to the losing political party. The adversely affected employees considered this to be counter to the teachings of Branti v. Finkel, 445 U.S. 507, 63 L. Ed. 2d 574, 100 S. Ct. 1287 (1980), and Elrod v. Burns, 427 U.S. 347, 49 L. Ed. 2d 547, 96 S. Ct. 2673 (1976). Ps filed a 42 U.S.C. 1983 civil rights action. They alleged that Ds violated their constitutional rights to due process and freedom of speech either by firing them or by transferring, demoting, and discriminating against them because of their political affiliation. After a jury trial, all the Ds, except the Municipality were found liable to some or all of the Ps; compensatory damages were assessed against the Ds separately on each claim and three of the plaintiffs were awarded punitive damages. The district court incorporated into the judgment a reinstatement and back pay order for each plaintiff. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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