Greo v. Trujillo, Civil No. 01-1389 (JAG).

• Citation: 270 F.Supp.2d 189
• Decision Date: 02 June 2003
• Docket Number: Civil No. 01-1389 (JAG).
• Parties: Edna S. Delgado GREO, et al., Plaintiffs, v. Marcelo TRUJILLO, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

270 F.Supp.2d 189

Edna S. Delgado GREO, et al., Plaintiffs, v. Marcelo TRUJILLO, et al., Defendants.

Civil No. 01-1389 (JAG).

United States District Court, D. Puerto Rico.

June 2, 2003.

Pablo Landrau-Pirazzi, Ivan M. Castro-Ortiz, Eliezer Aldarondo-Ortiz, Claudio Aliff-Ortiz, Aldarondo & Lopez Bras, Hato Rey, PR, for Plaintiffs Johanna M. Emmanuelli-Huertas, Ponce, PR, Grisselle Gonzalez-Negron, Faccio & Pabon Roca, San Juan, PR, for Defendants.

OPINION AND ORDER

GARCIA-GREGORY, District Judge.

On April 2, 2001, plaintiffs, all employees of the Southeastern Consortium¹ ("the Consortium"), brought suit against the Mayor of the Municipality of Humacao and President of the Southeastern Consortium's Board of Mayors, Marcelo Trujillo; the Municipality of Humacao; the Southeastern Consortium; and the Executive Director of the Southeastern Consortium, Luis E. Gonzales Torres (collectively "defendants"). Plaintiffs seek redress under 42 U.S.C § 1983 and the Fourteenth amendment alleging that defendants discriminated against them on the basis of their political affiliation. Defendants moved to dismiss for lack of subject-matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). They argue that the Workforce Investment Act ("WIA"), 29 U.S.C. §§ 2801-2945, precludes § 1983 claims because it provides an exclusive administrative procedure for discrimination claims under the act. For the reasons discussed below, the Court DENIES defendants' motion to dismiss.

FACTUAL BACKGROUND

The Southeastern Consortium is a nonprofit partnership between the municipalities of Humacao, Patillas, Maunabo, Yabucoa, Las Piedras, Juncos, and San Lorenzo. (Docket No. 47 at 3, 13). Following the Puerto Rico general elections on November 7, 2000, Popular Democratic Party ("PDP") mayoral candidates were elected to four of the Consortium's municipalities, namely Humacao, Maunabo, Juncos, and San Lorenzo (Id at 5-6). In Las Piedras, the NPP incumbent mayor was reelected, and in Patillas and Yabucoa, the NPP candidates won the elections (Id) The PPD winning candidates were Joe Roman ("Roman") in San Lorenzo; Alfredo Alejandro ("Alejandro") in Juncos; Marcelo Trujillo ("Trujillo") in Humacao; and Jorge Marquez ("Marquez") in Maunabo (Id). As a result of the change in power in the various municipalities, PDP affiliates gained control of the Consortium's Board of Mayors ("the Board")(/d). Consequently, three of the PDP mayors became president, vice president and clerk of the Board (Id at 7). On January 16, 2001, the Board met and discussed personnel appointments to the respective local offices (Id.). Plaintiffs, who are all members of the New Progressive Party ("NPP"), allege that as a result of that meeting, starting on January 23, 2001 and through January 2002 (Id. at 3, 13), defendants transferred, discharged, demoted, or did not renew their contracts with the Consortium based on their party affiliation (Id at 8-46). They claim that this political discrimination began on January 23, 2001 and lasted until January 2002.

Plaintiffs brought suit on April 2, 2001, arguing that the defendants' sole purpose in their personnel decisions was to politically discriminate against them in violation of the First Amendment and Puerto Rico Law (Id, at 47). They further argue that the defendants conspired to deprive them of their rights under the Fourteenth Amendment (Id). Plaintiffs also claim defendants violated § 2938(a)(2) of the WIA (Id at 8).

Defendants filed a motion to dismiss on August 21, 2002, arguing that the Court lacks subject-matter jurisdiction over plaintiffs' complaint because WIA's administrative procedure provides the exclusive remedy for discrimination claims brought under the Act (Docket No. 62). In their opposition (Docket No. 73), plaintiffs argue that WIA's statutory language does not expressly preclude § 1983 claims nor implies congressional intent to do so (Docket No. 82).

DISCUSSION

A. Standard of Review of a Rule 12(b)(1) Motion to Dismiss

Pursuant to Fed.R.Civ.P. Rule 12(b)(1) a defendant can assert that the Court lacks subject matter jurisdiction to entertain an action. When deciding whether to dismiss a complaint for lack of subject matter jurisdiction, the Court "may consider whatever evidence has been submitted, such as ... depositions and exhibits." See Aversa v. United States, 99 F.3d 1200, 1210 (1st Cir.1996).

Motions brought under Rule 12(b)(1) are subject to the same standard of review for Rule 12(b)(6) motions. Negron-Gaztambide v. Hernandez-Torres, 35 F.3d 25, 27 (1st Cir.1994); see Torres Maysonet v. Drillex, S.E., 229 F.Supp.2d 105, 107 (D.P.R.2002). Dismissal is proper "only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory." Gonzalez-Morales v. Hernandez-Arencibia, 221 F.3d 45, 48 (1st Cir.2000) (quoting Correa-Martinez v. Arrillaga-Belendez, 903 F.2d 49, 52 (1st Cir. 1990)). The Court accepts all well-pleaded factual allegations as true, and draws all reasonable inferences in plaintiffs' favor. See Correa-Martinez, 903 F.2d at 51; Torres Maysonet, 229 F.Supp.2d at 107. When evaluating the complaint's allegations, the Court need not credit, however, "bald assertions, unsupportable conclusions, periphrastic circumlocutions, and the like". See Aulson v. Blanchard 83 F.3d 1, 3 (1st Cir.1996).

In opposing a Rule 12(b)(6) motion, plaintiffs are responsible for putting their best foot forward in an effort to present a legal theory that will support their claim. McCoy v. Massachusetts Institute of Tech., 950 F.2d 13, 22 (1st Cir.1991) (citing Correa-Martinez, 903 F.2d at 52). Plaintiffs must set forth "factual allegations, either direct or inferential, regarding each material element necessary to sustain recovery under some actionable theory." See Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir.1988) and "cannot expect a trial court to do his homework for him." McCoy, 950 F.2d at 23.

B. Section 1983 claim

Congress enacted § 1983 to create a remedy for the deprivation of the rights, privileges or immunities granted by the Constitution or laws of the United States. Blessing v. Freestone, 520 U.S. 329, 340, 117 S.Ct. 1353, 137 L.Ed.2d 569 (1997). To prevail in a § 1983 claim, plaintiffs bear the burden of showing that defendants were acting under color of state law and deprived them of their federal constitutional rights. See, e.g., Romero-Barcelo v. Hernandez-Agosto, 75 F.3d 23, 32 (1st Cir.1996). It is well-established that political discrimination restrains freedom of belief and association, core activiies tprotected by the First Amendment, see Elrod v. Burns, 427 U.S. 347, 354, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976); Padilla-Garcia v. Rodriguez, 212 F.3d 69, 74 (1st Cir.2000). Plaintiffs, therefore, can generally bring a § 1983 claim premised on the deprivation of these First Amendment rights.

Nonetheless, congressional intent is crucial in determining whether WIA plaintiffs' rights are enforceable under § 1983. Blessing, 520 U.S. at 341, 117 S.Ct. 1353. Congress can foreclose a remedy under § 1983 by expressly forbidding it in the statute, or "impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983". Id. (quoting Livadas v. Bradshaw, 512 U.S. 107, 133, 114 S.Ct. 2068, 129 L.Ed.2d 93 (1994)). There is a strong presumption that Congress intended to allow § 1983 suits, and the burden of establishing the contrary rests on defendants. Stowell v. Ives, 976 F.2d 65, 70, n. 5 (1st Cir.1992). See Victorian v. Miller, 813 F.2d 718, 721 (5th Cir.1987). Likewise, plaintiffs need not ordinarily exhaust administrative remedies before filing a suit under § 1983. Porter v. Nussle, 534 U.S. 516, 524, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002). Unless statutorily mandated, "application of the exhaustion doctrine is not a jurisdictional requirement, but within the discretion of the district court". Accion Social de Puerto Rico, Inc. v. Viera Perez, 831 F.2d 365, 369 (1st Cir.1987) (internal citations omitted.)

C. Foreclosure of a § 1983 claim in the WIA and exhaustion of administrative remedies.

1. Express foreclosure

The first part of our inquiry is whether Congress expressly foreclosed recourse to § 1983 in the WIA statute. Stowell, 976 F.2d at 67. Defendants claim that § 2938(a)(2) of the statute provides the remedial scheme for discrimination in programs operating under the WIA precluding § 1983 suits (Docket No. 96 at 2).

a. The WIA statute

Section § 2938(a)(2) provides that no individual shall be subjected to discrimination due to his or her political affiliation or belief. This provision, however, does not specify any grievance procedures to be followed and does not state whether administrative remedies must be exhausted prior to filing suit under § 1983. Defendants contend that the authority given to the Secretary of Labor (the "Secretary") to issue regulations pursuant to § 2938(e) evinces Congress' intent to foreclose § 1983 suits for discrimination claims. (Docket No. 92 at 7). Furthermore, they argue that the exhaustion of administrative remedies is warranted because § 2938(e) requires that the regulations adopted ensure that complaints "are processed in a manner that avoids duplication of effort." 29 U.S.C. § 2938(e). (Docket No. 92 at 2; Docket No. 112 at 2). They argue that the only way to avoid such a duplication in a political discrimination case is to give the Civil Rights Center ("CRC") office within the Department of Labor created under WIA, sole jurisdiction over political discrimination complaints and require the exhaustion of administrative remedies. (Docket No. 112 at 2-3). Section 2938(e) establishes that the regulations "should adopt standards for determining discrimination and procedures for enforcement", yet it does not state that the administrative procedures must be exhausted nor that these procedures are the exclusive remedy available to § 2938 complainants.

Defendants...