McKee admits Miguel Sanchez was fired over social media posts but disputes most everything else

Providence City Councilor Miguel Sanchez speaks at a rally outside City Hall Wednesday, May 8, 2024. (Christopher Shea/Rhode Island Current)

A lawsuit by former gubernatorial staffer Miguel Sanchez over his firing last year has become a dispute over basic facts, like the job description.

Sanchez, who sued Gov. Dan McKee and two top advisors in August, alleged the state violated his constitutional free speech protections by firing him on Nov. 1, 2023, for his pro-Palestinian activism. 

But McKee and his advisors are denying most of what Sanchez claims happened leading up to his termination, including if Sanchez’s responsibilities in McKee’s Office of Constituent Services were distinct from politics. The 11-page response, submitted by the Rhode Island Office of the Attorney General which is representing the governor and his advisors, was filed in U.S. District Court for the District of Rhode Island on Friday.

Providence city councilor sues McKee for firing him over pro-Palestine stance

Sanchez in the original complaint quotes from a Providence Journal article description of his job as “tech support” for government services, connecting constituents to the appropriate government agencies. Sanchez insists his $50,000 a year position, for which he was hired in 2021, did not involve politics or policymaking, and that he was never restricted from making his personal beliefs known, including as a Providence City Councilor.

Joseph Almond and Antonio Afonso, two McKee advisors, are also named in the complaint.

McKee’s response? “Denied,” a phrase repeated 27 times throughout the court filing.

The governor’s office also disputed much of what was said in private discussions leading up to Sanchez’s firing. For example, Sanchez says that he was told his request to transfer to a job in the Rhode Island Department of Labor and Training could be “complicated” by his pro-Palestine social media posts. McKee’s office denies this.

Both sides agree Sanchez was warned about his social media posts, and that Sanchez was never explicitly asked to remove them. The governor’s office also acknowledges Sanchez’s claim that he was later offered the option of being fired or resigning. After Sanchez asked to speak to human resources, he was fired on the spot, and walked out of the State House by Capitol Police, according to both narratives.

While Sanchez claims the firing violates free speech protections under the First and 14th Amendments of the U.S. Constitution, the governor’s office response invokes the sovereign immunity doctrine under the 11th Amendment, which prevents federal or state governments from being sued, as part of its defense.

“The Defendants acted, at all times, within the scope of their authority, in good faith, in the exercise of their discretion and in the performance of a governmental function,” the response states.

And, “The alleged acts or omissions of the Defendants were not committed (if at all) in conscious disregard of any of the rights of the Plaintiff.”

Sanchez declined to comment on the governor’s legal response when reached by phone Friday. His complaint asks the court to award back pay and compensation for his subsequent job search, and to force McKee’s office to rehire him. McKee’s office in its legal response rejected all three proposals.

Sanchez now works as a case manager for Better Lives Rhode Island, a Providence social services agency.