A constructive discharge claim is back in play after the lower court swept too broadly
A federal appeals court has revived a constructive discharge case, faulting the lower court for tossing claims that were never properly challenged.
On May 21, 2026, the US Court of Appeals for the First Circuit reversed a summary judgment ruling that had dismissed Jensen Arocho-Rodríguez's lawsuit against the Municipality of Aguadilla and three of its officials. The decision is a sharp reminder for public sector employers: constructive discharge claims tied to political affiliation are hard to shake at the summary judgment stage, and courts cannot dispose of claims that were never properly put before them.
Arocho-Rodríguez worked as a System Technician Coordinator for the municipality. He belongs to Puerto Rico's New Progressive Party (NPP). In January 2021, Mayor Julio Roldán Concepción, a member of the rival Popular Democratic Party (PDP), took office. He brought in two PDP members to run key offices: Rubén Nieves-Roldán as Director of the Office of Technologies, and Maviael Morales-Nieves as City Administrator.
What followed, according to the decision, looked less like routine onboarding and more like a freeze-out. Arocho-Rodríguez alleges the mayor and his appointees pulled his server access, making it impossible to do his job. He says he received a poor performance review and faced a humiliating work environment. He resigned, then sued under 42 U.S.C. § 1983, claiming political discrimination under the First Amendment.
The individual defendants moved for summary judgment, arguing he had not shown the basic elements of the claim. The district court agreed and dismissed the entire case, including claims the defendants had not moved on.
The First Circuit found several problems. On supervisor involvement, the appeals court zeroed in on the plaintiff's own deposition testimony. Arocho-Rodríguez stated that Nieves-Roldán, his direct supervisor, knew his server access had been cut, knew co-workers were mocking him, and was present when the mayor allegedly gave him a low review and called him a liar. When Arocho-Rodríguez raised concerns about the taunting, he says Nieves-Roldán brushed him off by telling him to take his case to Yanitsia Irizarry, the former NPP mayor. He also alleges Morales-Nieves delivered a reprimand for less than satisfactory performance and, in what he described as a taunting and humiliating manner, used the same line. Morales-Nieves also allegedly scolded him for trying to fool the mayor about his political views.
The appeals court said that testimony, which the defendants themselves folded into their own statement of facts, was enough to put both officials' involvement in dispute.
On the mayor's knowledge of the plaintiff's party affiliation, the lower court had said there was nothing in the record. The First Circuit disagreed. Arocho-Rodríguez testified that the mayor told him he received a low review because he had taken part in a ratifying assembly for the former NPP mayor. That, the court said, plainly imputes knowledge.
Then there is the bigger structural problem. The district court dismissed the entire case, including claims against the municipality itself and the officials in their official capacities, even though no one had moved for summary judgment on those claims. Courts can act on their own here, but only after giving the affected party notice and a real chance to present evidence. That did not happen.
The case now heads back to the district court for further proceedings.
For HR leaders in the public sector, a few things land. Constructive discharge claims turn on the full pattern – server access, performance reviews, supervisor comments, what co-workers are doing, what supervisors do when complaints come in. Single incidents rarely tell the whole story. The case also shows how political transitions can trigger litigation when adverse actions track too closely with a change in administration. And procedurally, it is a warning that broad dismissals can unravel on appeal when a lower court reaches further than the parties asked.
