Rios-Colon v. Toledo, et al, No. 09-2296 (1st Cir. 2011)Annotate this Case
A black police officer, assigned to the drug prevention division of the Puerto Rico police department, was reassigned to a less-desirable position after a lieutenant made racial slurs and statements that she did not want him. One position that subsequently opened in the drug prevention division was not filled; another position was filled by a white person with less education than the black officer. The district court dismissed civil rights claims (42 U.S.C. 1983) and claims under Title VII (42 U.S.C. 2000) against individual supervisors. The First Circuit vacated and remanded. Failure to name the police department as a defendant did not justify dismissal under Title VII; the supervisors acted as agents of the department. The complaint plausibly alleged equal protection violations.