PER CURIAM.
Jose Trigo and his wife, Olivia Trigo, (individually, "J. Trigo" and "O. Trigo" and collectively, "the Trigos") appeal from the district court's grant of summary judgment in favor of the City of Doral ("Doral") on their employment discrimination and retaliation suit under Title VII, 42 U.S.C. §§ 2000e-2(a), 2000e-3, and the Florida Whistle-blower's Act ("FWA"), Fla. Stat. § 112.3187. Among other things, the Trigos alleged that Doral retaliated against J. Trigo, a Lieutenant who worked in the Doral Police Department, because he had filed a charge with the Equal Employment Opportunity Commission ("EEOC") and because his wife had made public records requests about certain police officers. On appeal, the Trigos argue that: (1) the district court erred in granting summary judgment on their Title VII and FWA retaliation claims; (2) the district court erred by granting summary judgment on their First Amendment retaliation claims; and (3) if remand is appropriate on their federal claims, their state law claim, over which the district court declined to exercise supplemental jurisdiction without the federal claims, would be properly before the district court. After careful review, we affirm.
We review a grant of summary judgment
First, we are unpersuaded by the Trigos' claim that the district court erred in granting summary judgment on the Title VII and FWA retaliation claims because the district court incorrectly used the date J. Trigo was suspended rather than the date he was terminated for purposes of assessing the adverse employment action, and because Doral's shifting and inconsistent reasons for J. Trigo's termination show that the reasons were pretextual. Title VII makes it illegal for "an employer to discriminate against any of his employees . . . because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." 42 U.S.C. § 2000e-3(a). The FWA is generally equivalent to Title VII, and we have approved of the application of the Title VII burden-shifting standard to claims brought under the FWA.
To establish a prima facie case of retaliation under Title VII, plaintiffs must prove that: (1) they engaged in statutorily protected conduct; (2) they suffered an adverse employment action; and (3) the adverse action was causally related to the protected expression.
Once a plaintiff has made a prima facie case, it is the employer's burden to articulate a legitimate, non-retaliatory reason for the challenged employment action.
In this case, the district court did not err by granting summary judgment on the Trigos' Title VII and FWA retaliation claims. Even assuming the Trigos established a prima facie case, they failed to demonstrate that Doral's legitimate non-discriminatory reasons for J. Trigo's termination were pretextual. According to the City Manager, he terminated J. Trigo: (1) based on a December 17, 2011, memorandum from the Interim Police Chief, recommending that J. Trigo be terminated; (2) based on the City Manager's review of statements made by witnesses during a 2011 investigation into allegations of favoritism and corruption in Doral's Police Department; (3) because J. Trigo's tenure had been marked by unprofessional administrative practices; and (4) because J. Trigo's tenure had a great cost in terms of department morale and efficiency. In order to show pretext, the Trigos argue that the City Manager's reasons for the termination varied.
As the record reveals, when the City Manager initially met with J. Trigo and his attorney, he affirmed his decision to terminate J. Trigo based on the sources mentioned in the December 17, 2011, memorandum. In his later deposition, the City Manager later testified that the Interim Police Chief's recommendation had great influence in the decision, and also said that he was concerned about the morale within the department, the preferential treatment shown J. Trigo previously, and the attitudes of witnesses involved in the 2011 investigation. He added that he had discounted parts of the 2011 report that J. Trigo had previously been punished for. He also admitted that he was concerned about "the dichotomy that existed within the department in terms of the `cli[que].'"
Notably, none of the City Manager's deposition testimony is directly inconsistent with the original December 17 memorandum. And, in any event, slightly differing reasons, or additional, undisclosed non-discriminatory reasons for the termination, are insufficient to show pretext.
We also find no merit to the Trigos' argument that the district court erred by granting summary judgment on their First Amendment retaliation claims because O. Trigo's public record requests were expressive conduct protected by the First Amendment and because J. Trigo was terminated in retaliation for his association with O. Trigo and her public record requests. To establish a First Amendment retaliation claim, a plaintiff must show that (1) her speech or act was constitutionally protected; (2) she suffered adverse conduct that would likely deter a person of ordinary firmness from engaging in such speech; and (3) there was a causal relationship between the adverse conduct and the protected speech.
The Constitution accords special protection to two different forms of association, "intimate association" and "expressive association."
Here, the district court did not err in granting summary judgment on O. Trigo's First Amendment retaliation claim. As the record shows, O. Trigo lacked intent to convey a message with her public records requests; rather, she specified that her requests were to "obtain information to protect [her] family." She further admitted that she sought information to "effectively or more effectively defend against false accusations[;] . . . [e]xpose wrongful governmental conduct[;] . . . expose violations of law[;] . . . expose . . . violations of [the Florida's Law Enforcement Officer's Bill of Rights;] . . . [a]nd[] to redress grievances with [Doral]." None of the reasons expressed by O. Trigo demonstrate an "intent to convey a particularized message."
Nor did the district court err by granting summary judgment on J. Trigo's First Amendment associational retaliation claims. While J. Trigo argues that his association with his wife constituted expressive association, we've already concluded that O. Trigo's public records requests were not conducted to convey a specific message, but were instead conducted to obtain information. In any event, the act of seeking to obtain the records themselves is not inherently protected by the First Amendment.
In short, the district court did not err in granting summary judgment on the Trigos' First Amendment retaliation claims. Moreover, since the Trigos were not entitled to relief on their federal claims, the district court did not abuse its discretion in declining to exercise supplemental jurisdiction over their remaining state law claim.