Cruz-Baez v. Negron-Irizarry

• Decision Date: 08 March 2005
• Docket Number: Civil No. 01-1619(DRD).
• Citation: 360 F.Supp.2d 326
• Parties: Carlos A. CRUZ-BAEZ, et al., Plaintiffs, v. Isidro NEGRON-IRIZARRY et al, Defendants.
• Court: U.S. District Court — District of Puerto Rico

360 F.Supp.2d 326

Carlos A. CRUZ-BAEZ, et al., Plaintiffs, v. Isidro NEGRON-IRIZARRY et al, Defendants.

Civil No. 01-1619(DRD).

United States District Court, D. Puerto Rico.

March 8, 2005.

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Eliezer Aldarondo-Ortiz, Ivan M. Castro-Ortiz, Simone Cataldi-Malpica, Aldarondo & Lopez Bras, Guaynabo, PR, for Plaintiffs.

Wanda I. Acosta-Ocasio, San German, PR, pro se.

Epifania Guzman-Cruz, San German, PR, pro se.

Luz M. Baez-Garcia, San German, PR, pro se.

Johanna M. Emmanuelli-Huertas, Pedro Ortiz Alvarez Law Offices, Ponce, PR, Marie L. Cortes-Cortes, Llovet Zurinaga & Lopez, Hato Rey, PR, for Defendants.

OPINION AND ORDER

DOMINGUEZ, District Judge.

Plaintiffs filed suit against co-defendants¹ pursuant to 42 U.S.C. § 1983, alleging violations to their constitutional rights as guaranteed in both the Federal Constitution and the Constitution of the Commonwealth of Puerto Rico. Further, plaintiffs claim damages pursuant to Articles 1802 and 1803 of the Civil Code of Puerto Rico. 31 P.R. Laws Ann § 5141 and 5142. In essence, plaintiffs sustain they were object of an adverse employment action due to their political beliefs.

Pending before the Court is defendants' Motion for Summary Judgment (Docket No. 64). Defendants claim plaintiffs failed to establish a prima facie discrimination case, they had a valid reason for the adverse employment action toward all plaintiffs, and they are entitled to qualified immunity. Plaintiffs duly opposed defendants' request (Docket No. 75). After referring this matter to Magistrate Judge Gustavo Gelpí (Docket No. 72), a Report and Recommendation was issued (Docket No. 81), recommending this Court to grant in part and to deny in part defendants' request for brevis disposition.

I. The Magistrate's Report and Recommendation

The District Court may refer dispositive motions to a United States Magistrate Judge for a Report and Recommendation. 28 U.S.C. § 636(b)(1)(B) (1993); Fed.R.Civ.P. 72(b); Rule 72(4), Local Rules, District of Puerto Rico. See Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976). Of course, an adversely affected party may contest the Magistrate's Report and Recommendation by filing it's objections with ten (10) days after being served a copy thereof. See Local Rule 72(d); Fed.R.Civ.P. 72(b). Moreover, 28 U.S.C. § 636(b)(1), in pertinent, part provides that:

Within ten days of being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.

"Failure to raise objections to the Report and Recommendation waives that party's right to review in the district court and those claims not preserved by such objections are precluded on appeal." Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir., 1992). See also Henley Drilling Co. v. McGee, 36 F.3d 143, 150-151 (1st Cir., 1994)(holding that objections are required when challenging findings actually set out in magistrate's recommendation, as well as magistrate's failure to make additional findings); Lewry v. Town of Standish, 984 F.2d 25, 27 (1st Cir., 1993)(stating that "[o]bjection to a magistrate's report preserves only those objections specified"); Keating v. Secretary of H.H.S., 848 F.2d 271, 275 (1st Cir., 1988); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir., 1987)(holding that appellant was entitled to a de novo review, "however, he was not entitled to a de novo review of an argument never raised"). See generally United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir., 1986); Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603, 605 (1st Cir., 1980).

Since both parties duly objected to the Magistrate's Report and Recommendation, the Court hereby reviews, de novo, defendants' request for summary disposition.

II. Summary Judgment Standard

Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED.R.CIV.P. 56(c). Pursuant to the language of the rule, the moving party bears the two-fold burden of showing that there is "no genuine issue as to any material facts," and that he is "entitled to judgment as a matter of law." Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174, 178 (1st Cir., 1997). After the moving party has satisfied this burden, the onus shifts to the resisting party to show that there still exists "a trial worthy issue as to some material fact." Cortes-Irizarry v. Corporacion Insular, 111 F.3d 184, 187 (1st Cir., 1997). A fact is deemed "material" if it potentially could affect the outcome of the suit. Id. Moreover, there will only be a "genuine" or "trial worthy" issue as to such a "material fact," "if a reasonable fact-finder, examining the evidence and drawing all reasonable inferences helpful to the party resisting summary judgment could resolve the dispute in that party's favor." Id.

At all times during the consideration of a motion for summary judgment, the Court must examine the entire record "in the light most flattering to the non-movant and indulge all reasonable inferences in the party's favor." Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir., 1994). There is "no room for credibility determinations, no room for the measured weighing of conflicting evidence such as the trial process entails, [and] no room for the judge to superimpose his own ideas of probability and likelihood...." Greenburg v. Puerto Rico Mar. Shipping Auth., 835 F.2d 932, 936 (1st Cir., 1987). In fact, "[o]nly if the record, viewed in [this] manner and without regard to credibility determinations, reveals no genuine issue as to any material fact may the court enter summary judgment." Cadle Co. v. Hayes, 116 F.3d 957, 960 (1st Cir., 1997).

Finally, when considering this motion, unsettled issues of motive and intent as to the conduct of any party — as may arise in actions under § 1983 — will normally preclude the Court from granting summary judgment. Mulero-Rodriguez v. Ponte, Inc., 98 F.3d 670, 677 (1st Cir., 1996) (reversing summary judgment and emphasizing that "determinations of motive and intent ... are questions better suited for the jury") (internal quotation marks omitted) (citation omitted); see also Tew v. Chase Manhattan Bank, N.A., 728 F.Supp. 1551, 1555 (S.D.Fla.1990) ("Certain issues such as fraud, intent, and knowledge lend themselves to trial, rather than summary judgment. These matters can often only be proved by reliance upon circumstantial evidence except in the rare case where there is uncontroverted proof of a `smoking gun.'"). However, "even in cases where elusive concepts such as motive or intent are at issue, summary judgment may be appropriate if the nonmoving party rests merely upon conclusory allegations, improbable inferences [or] unsupported speculation." Ayala-Gerena v. Bristol Myers-Squibb Co., 95 F.3d 86, 95 (1st Cir., 1996).

III.

After a careful analysis of defendants' request for summary disposition and plaintiffs' opposition thereto, Magistrate Judge Gustavo A. Gelpí recommended the Court to grant in part and deny in part defendants' request.

Defendants object to the Magistrate's Judge Report and Recommendation "as it lacks any specific findings of fact." Opposition to Magistrate Judge's Report and Recommendation (Docket No. 83, p. 1). Accordingly, defendants sustain the Magistrate Judge's report failed to achieve its purpose. Defendants further aver the Magistrate Judge disregarded the adequate standard in order to create genuine issues of material fact. Defendants aver plaintiffs failed to proffer sufficient evidence in order to create a material issue that would preclude the issuance of summary disposition. Id. at p. 1-2.

Plaintiffs, on the other hand, object to the Magistrate Judge's determination as to his recommendation of issuance of brevis disposition as to plaintiffs Carlos Cruz Baez, Felix Casiano and María del Carmen Vargas. Plaintiffs' Partial Objection to the Honorable Magistrate-Judge Gustavo Gelpi's Report and Recommendation Regarding Defendant's Motion for Summary Judgment (Docket No. 82, p. 1).

Provided that both, plaintiffs and defendants, objected to the Magistrate Judge's Report and Recommendation (Docket Nos. 82 and 83), the Court shall make a de novo determination of the matters discussed in the alluded Report and Recommendation.

A. General Factual Background

In Plaintiff's complaint filed pursuant to § 1983, plaintiffs assert they were removed or demoted in their jobs due to their political affiliation, in violation of their First Amendment rights.² Plaintiffs sustain that they are all active members of the New Progressive Party (hereinafter "NPP"), the political party that governed the Municipality of San Germán until the 2000 elections when former NPP Mayor Isaac Llantín was defeated by the opposing party's, the Popular Democratic Party (hereinafter "PDP") candidate, Mayor Isidro Negrón Irizarry. Plaintiffs, formerly employed by the Municipality of San Germán, aver they were victims of political discrimination under the First Amendment which ultimately resulted in the loss of their employment or their positions.

Co-defendant, Municipality of San Germán, is a local government entity within the Commonwealth of Puerto Rico. On November 7, 2000, a general election was held in Puerto Rico. The incumbent mayor of the Municipality of San Germán, Isaac Llantín, candidate for the NPP, was replaced by co-defendant Isidro Negrón Irizarry, the...