Gonzalez v. Otero, No. 16-1572 (1st Cir. 2017)
Annotate this CaseThe First Circuit affirmed the district court’s dismissal of Plaintiffs’ third amended complaint in this federal-sector employment discrimination case in which Plaintiffs invoked “extravagant” theories of liability. Specifically, Plaintiffs alleged deprivations of their First, Fourth, Fifth and Fourteenth Amendment rights and sought damages under the Bivens doctrine, see Bivens v. Six Unknown Named Agents of FBN, 403 U.S. 388, 389 (1971). The complaint also proffered claims under the Racketeer Influenced and Corrupt Organizations Act (RICO). The district court dismissed the complaint and entered judgment in Defendants’ favor, ruling that Plaintiffs could not dodge the preclusive effect of the Civil Service Reform Act (CSRA) and Title VII by “creatively” pleading causes of action. The First Circuit agreed with the district court, holding that Plaintiffs’ theories ran “headlong into an impenetrable barrier” forged by the CSRA and Title VII.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.