García-Díaz v. CintróN-Suárez

• Decision Date: 23 July 2015
• Docket Number: Civil No. 14–1354(GAG).
• Citation: 120 F.Supp.3d 68
• Parties: Rose Marie GARCÍA–DÍAZ, et al., Plaintiffs, v. Hon. Eduardo CINTRÓN–SUÁREZ et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

120 F.Supp.3d 68

Rose Marie GARCÍA–DÍAZ, et al., Plaintiffs,

v.Hon. Eduardo CINTRÓN–SUÁREZ et al., Defendants.

Civil No. 14–1354(GAG).

United States District Court, D. Puerto Rico.

Signed July 23, 2015.

Francisco J. Gonzalez–Magaz, F.R. Gonzalez Law Office, San Juan, PR, for Plaintiffs.

Eduardo A. Vera–Ramirez, Eileen Landron–Guardiola, Luis A. Rodriguez–Munoz, Landron & Vera LLC, Frances Y. Rivera–Aviles, Department of Justice of Puerto Rico, San Juan, PR, for Defendants.

OPINION AND ORDER

GUSTAVO A. GELPÍ, District Judge.

On May 2, 2014, Rose Marie García–Díaz ("García–Díaz") and Yachira García–Velázquez ("García–Velázquez") (together referred to as "Plaintiffs") brought this action against the Honorable Eduardo Cintrón–Suárez ("Cintrón–Suárez") in his official capacity as Mayor of the Municipality of Guayama ("the Municipality"), as well as in his personal capacity, against Lieutenant Daniel Colón–Díaz ("Colón–Díaz") in his official capacity as the Commissioner of the Municipal Police of the Municipality of Guayama, as well as in his personal capacity, and against the Municipality (together referred to as "Defendants"). Essentially, Plaintiffs claim that they were dismissed from their appointments as police cadets in the Municipal Police because of their political affiliation as active members of the New Progressive Party ("NPP"). They allege violations of their Due Process, Equal Protection, and First Amendment rights under the Constitution of the United States, as well as under the laws and Constitution of Puerto Rico. (Docket No. 1 ¶ 1.) Plaintiffs pray for equitable relief in the form of reinstatement and legal relief in the form of economic and punitive damages, pursuant to the Civil Rights Act of 1991, 42 U.S.C. § 1983.

Presently before the court are Defendants' two motions to dismiss Plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(6). In the first motion, Defendants move to dismiss Plaintiffs' claims against them in their official capacity by arguing that Plaintiffs fail to state a claim upon which relief can be granted. (Docket No. 12.) The second motion seeks dismissal of Plaintiffs' claims against Defendants in their personal capacity. (Docket No. 19.) Due to similarities in the arguments raised in both motions to dismiss and because they involve the same set of facts, the court addresses both motions together in this Opinion and Order. For the following reasons, the court GRANTS in part and DENIES in part Defendants' motion to dismiss at Docket No. 12 and GRANTS in part and DENIES in part Defendants' motion to dismiss at Docket No. 19.

I. Relevant Factual and Procedural Background

In March 2012, Plaintiffs, who are known supporters of the NPP, were appointed as Municipal Police cadets by Glorimar Jaime–Rodríguez ("Jaime–Rodríguez"), the Municipality's then-incumbent Mayor and Municipal President of the NPP ticket in the 2008 and 2012 elections. (Docket No. 1 ¶¶ 2–3, 5.) As part of their appointments as cadets, Plaintiffs had to graduate from the University College of Criminal Justice of Puerto Rico ("CUJC") as a condition to enter the Municipal Police force. Id. ¶ 22. Plaintiffs applied and submitted the supplementary documentation, and began to take the necessary exams and evaluations to become officers in the Municipal Police, which they initially passed with flying colors. Id. ¶ 21. In July 2012, Plaintiffs were moved to the Gurabo Campus of the CUJC where they attended further courses and training, and served shifts in the Municipal Police when required. Id. ¶ 23. As part of the CUJC, Plaintiffs had to pass physical training courses but they failed the first training session. Id. ¶ 24. Nevertheless, they trained daily for two hours and improved their physical condition noticeably. (Docket No. 1 ¶ 24.) According to Plaintiffs, the purpose of the daily training was to retake the physical training courses a second time and pass them. Id.

Thereafter, the 2012 electoral campaign season began. Political affiliation was commonly discussed and stated between personnel in government offices, particularlyin the Municipality where people are not only co-workers but neighbors and life-long acquaintances. Id. ¶ 17. It was customary for employees at the Municipality, where Plaintiffs worked at the time, to express their support for their respective parties and candidates. Id. Plaintiffs claim they are well-known active supporters of the NPP party. Id. ¶ 3.

The political atmosphere in the Municipality was tense because of the highly contested race for the position of mayor. Id. During campaign season, it was customary for the headquarters of all political parties in the Municipality to have security assigned because of the aforementioned heated political atmosphere. Id. ¶ 25. Plaintiffs thus were assigned to provide protection and security at the Popular Democratic Party ("PDP") Municipal headquarters, which served as Cintrón–Suárez's campaign headquarters. Id. While there, Plaintiffs claim they would often hear the headquarters staff tell them that they were "Glorimari's kids," in reference to the NPP incumbent Mayor, Jaime–Rodríguez, who appointed them as Police cadets and whom they supported in the upcoming election. Plaintiffs also allege that they heard comments like "it should be difficult for them to be there" in reference to their different political affiliation, and that being there "must be a punishment for them." Id.

Plaintiffs further claim that when Cintrón–Suárez first saw them stationed in his headquarters, he spoke to García–Velázquez and said, "my God, kid, you here, what a miracle ... that commissioner really wants to find out what happens here" in reference to the former Municipal Police Commissioner who was a trust appointment by Jaime–Rodríguez. (Docket No. 1 ¶ 25.) Cintrón–Suárez then spoke with a Municipal Police officer there and asked him whether he was also one of "Glorimari's kids," and when the officer responded that his family supported the PDP, Cintrón–Suárez "high-fived" him and said "this one knows." Id.

In another instance, on November 4, 2012, a helicopter emblazoned with the word "Gloricoptero," referencing Jaime–Rodríguez, flew around the Municipality advertising in favor of her reelection campaign. Id. ¶ 26. At his campaign headquarters, Cintrón–Suárez saw the helicopter and grew angry at his opponent's campaign advertising. Id. During his tirade, Cintrón–Suárez looked at Plaintiffs and, referring to them, said something to the effect of "and look what they send to my place, people who I do not trust, I need people I can trust and see who they send to my campaign headquarters, but you will be kicked out when I win, you will leave your positions." Id.

The elections finally arrived and, on November 6, 2012, Puerto Rico held general elections for all elected positions in government. Id. ¶ 17. In the Municipality, Jaime–Rodríguez lost to Cintrón–Suárez, who became Mayor–Elect. Id. Immediately following the general elections, municipal employees affiliated with the PDP began telling Plaintiffs that they and other NPP supporters would be dismissed as soon as Cintrón–Suárez took office. Id. ¶ 19. In their words, Cintrón–Suárez came "to clean them out." Id. Cintrón–Suárez and his supporters criticized Plaintiffs' appointments with personal attacks, even calling them "walking meatballs" and "whales out of water." Id. ¶ 21.

Plaintiffs continued to take the required courses as cadets and on November 26, 2012, while they were taking the CUJC course CIPO 212, García–Díaz began to feel a sharp pain in her right knee. Id. ¶ 27. The instructor asked García–Díaz about the pain, and she answered that although it hurt, she was willing to continuewith the exercise. (Docket No. 1 ¶ 27.) García–Díaz insisted that she needed to pass that course and wanted to continue, but the instructor told her that her health was more important and that the course would be offered again. Id. The instructor assured García–Díaz that she would take the course again. Id. After García–Velázquez was informed that García–Díaz could not complete the course because of her knee, she was also pulled from the CIPO 212 course, despite not having any difficulties, so that they could retake the course together. Id. ¶ 28.

García–Díaz was then evaluated by a paramedic who referred her to the State Insurance Fund Corporation ("SIFC") where she was evaluated and given a clean bill of health. Id. ¶ 29. She delivered the documents from the SIFC to the Municipal Police Headquarters in the Municipality and was told by a Lieutenant Rivera–Hernandez that she had nothing to worry about and that she would have another opportunity to finish that course. Id. García–Díaz and García–Velázquez returned to the Municipal Police and were told to await instructions from the Municipality as to when they could retake the pending CIPO 212 course and the physical training, since they claim that they had already taken and approved the remaining courses needed to pass the CUJC. Id. ¶ 30.

Subsequently, in January 2013, Plaintiffs told Capt. Torres–Suárez of the Municipal Police that they needed to send a letter to the CUJC so they could retake the physical training and CIPO 212 courses they had failed and for which they were enrolled. Id. ¶ 31. However, Plaintiffs claim that the Municipal Police never followed up on their request, and never authorized their attendance to either course. Id. Plaintiffs continued to work for the Municipal Police full-time as cadets. Id. ¶ 32. Because they had not completed the required courses to graduate from the CUJC and officially join the Municipal Police, Plaintiffs aver that they asked Colón–Díaz every day if he had sent the request to retake the two courses at the CUJC. (Docket No. 1 ¶ 33.) Colón–Díaz would usually respond that they were working on that and that they should ask Lieutenant Ruben Cruz. Id. In fact, as will be discussed infra, on March 14, 2013, Colón–Díaz sent a request to the Associate Superintendent of...