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...

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