Another Puerto Rican political discrimination case bites the dust

Guzmán-Ruíz v. Hernández-Colón, No. 04-1628, is yet another appeal from the numerous 1983 cases alleging political discrimination.  Plaintiffs are members of the New Progressive Party (NPP) and the individual defendants are members of the Popular Democratic Party (PDP).  As always, the plaintiffs lawyer screwed lots of things up at the trial court.  The court holds that: 1) ob terminations are not unconstitutional solely "because those affiliated with one political party are disproportionately impacted and the plaintiffs did not show that “...their constitutionally protected conduct was a substantial or motivating factor for the adverse employment decision” and 2) during a discovery battle, there was no basis for a “motion for reconsideration of the order of reference” (he had made some vague argument about needing more time for discovery and did not make the required particularized showing of good cause and really didn’t exercise due diligence in completing discovery); and 3) as a matter of Puerto Rican law, the District Court did not err in dismissing the “...plaintiffs' claims based on Act No. 382 of May 11, 1950, 29 P.R. Laws Ann. §§ 136-139. This argument dwindles in the face of the municipality's assertion, not denied by plaintiffs, that the provision was repealed by Act 121 of September 13, 1997, before any events relating to this case took place.”