Of the Tenth Circuit, sitting by designation. * Not F or P ubl ication in West's Fe deral Reporter

Citation Limit ed P ursuan t to 1st C ir. Loc. R. 32.3 

# U nit edStates C ou rt o f App eal s

For t h e Firs t C ircu it
No. 05-1936

JOSÉ A. RAMOS-RODRÍGUEZ; NYDIA RAMOS-MARTÍNEZ,

Plaintiffs, Appellants,

v . PEDRO A. TOLEDO-DÁVILA, Superintendent, Puerto Rico Police Department; PABLO SANTIAGO-GONZÁLEZ, Inspector General, Puerto Rico Police Department; COMMONWEALTH OF PUERTO RICO,

Defendants, Appellees.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO [Hon. Raymond L. Acosta, U.S. District Judge]

Before Howard, Circuit Judge, Baldock and Stahl, Senior Circuit Judges.

*
John Ward-Llambias on brief for appellants. Salvador J. Antonetti-Stutts, Solicitor General, Mariana D. Negrón-Vargas, Deputy Solicitor General, Maite D. Oronoz-Rodríguez, Deputy Solicitor General, a n dRosa Elena Pérez-Agosto, Assistant Solicitor General, on brief for appellees.
November 17, 2006-2- STAHL, Sen i or Circuit Judge . Having considered the parties' b r iefs and the record below, we affirm the district court's grant of summary judgment in this case, for substantially the reasons outlined in the district court's careful opinion.

A p p e l l ants, both members of the Puerto Rico Police Departmen t ( P RPD), brought suit against the Superintendent and Inspector General of the PRPD and against the Commonwealth, f or civil rights violations under 42 U.S.C. § 1 9 8 3 . Ramos-Rodriguez alleges that he was denied due process when he was not promoted to First Lieutenant, and together they allege their right to association was violated when the PRPD inve s t i gated whether they were conducting an intimate relationship at the police station. We review a grant of su mm a r y j u d gment de novo. Mulloy v. Acushnet Co., 460 F.3d 141, 145 (1st Cir. 2006). Ramos-Rodriguez's due pro c e s s claim does not survive summary judgment because, viewing the facts in the light most favorable to him, he has failed to allege a viable property interest in receiving a promotion. Stuart v. Roache, 951 F.2d 446, 455 (1st Cir. 1991). Puerto Rico law does not permit promotion of a police officer where he has outstanding disciplinary complaints. 25 P.R. Laws Ann. § 3114(d) ( 2 0 0 3 ). Here, it is uncontested that Ramos had at least two, and up to seven, complaints pending against him on each of the three relevant promotion dates. In addition, Ramos-Rodriguez's al l e g ation that-3-

the PRPD had a practice of lodging anonymous complaints to prevent promotions simply is not supported by the record.

Appellants al so argue that "both plaintiffs have been deprived of a federally protected right to privacy by undue surveillance and harassment." Appellants' Brief at 14. However, appellants expend only two sentences of their brief on this argument, one in the Statement of Issues and one in the Conclusion. With such a paucity of argumentation, appellants have waived this issue. United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990) ("[I]ss u e s adverted to in a perfunctory manner, unaccompanied by some effort a t developed argumentation, are deemed waived.").

Affirmed.