Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-17
Original Source: https://www.courtlistener.com/opinion/3155371/abril-rivera-v-johnson/ ↗

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. Plaintiffs’ opening brief refers to a third allegedly discriminatory employment practice-the fact that there were no full-time positions at the PR-NPSC. But the brief mentions this only in passing, under a heading entitled "PR-NPSC Closure,” and that is not enough to preserve the argument. See United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990) (“[Ijssues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.”). Moreover, at oral argument, the court asked plaintiffs' counsel to specifically enumerate the challenged employment practices, and she listed only the implementation of the rotational staffing plan and the closing of the PR-NPSC, thus confirming that the plaintiffs are not pursuing an argument based on full-time positions on appeal. In any event, such an argument would fail because, as the district court found, plaintiffs presented no record evidence of any deleterious consequences they suffered as a result of their employment classification.

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