Thomas Pereira v. U.S. Postal Service Judith Wolfe Ernie Molina Tom Regan Frank Smith

FACTS

Pereira, a letter carrier for the U.S. Postal Service, filed this action alleging he was harassed by his supervisors because of his activities associated with his candidacy for a position on the Santa Clara California City Council. Pereira contends he was harassed for allegedly abusing sick leave, was instructed not to take his lunch more than one-half mile from his letter carrier route, and was ordered (along with other letter carriers) not to talk on the work room floor. Pereira contends that all of these actions were taken to retaliate against him for exercising his First Amendment right to campaign for office.

Pereira filed this action against the U.S. Postal Service and four of his managers on October 26, 1988, seeking preliminary and permanent injunctions, compensatory damages of three million dollars, and nine million dollars in punitive damages. Prior to filing this suit, Pereira did not avail himself of binding grievance arbitration provided for in the postal workers’ collective bargaining agreement.

On November 3, 1988, Pereira sought a temporary restraining order. On November 10, the district court denied Pereira’s motion for a temporary restraining…