Cruz-Baez v. Negron-Irizarry, Civil No. 01-1619 (DRD).

• Decision Date: 04 September 2002
• Docket Number: Civil No. 01-1619 (DRD).
• Citation: 220 F.Supp.2d 77
• Parties: Carlos A. CRUZ-BAEZ, et als., v. Isidro NEGRON-IRIZARRY, in his official capacity as Mayor of the Mun. of San German and in his personal capacity defendant.
• Court: U.S. District Court — District of Puerto Rico

Page 77

220 F.Supp.2d 77

Carlos A. CRUZ-BAEZ, et als., v. Isidro NEGRON-IRIZARRY, in his official capacity as Mayor of the Mun. of San German and in his personal capacity defendant.

Civil No. 01-1619 (DRD).

United States District Court, D. Puerto Rico.

September 4, 2002.

Ivan M. Castro-Ortiz, Eliezer Aldarondo-Ortiz, Aldarondo & Lopez Bras, Hato Rey, PR, Wanda I. Acosta-Ocasio, Epifania Guzman-Cruz, Luz M. Baez-Garcia, San German, PR, for plaintiff.

Johanna M. Emmanuelli-Huertas, Pedro Ortiz Alvarez Law Offices, Ponce, PR, Marie L. Cortes-Cortes, Commonwealth Department of Justice Federal Litigation Division, San Juan, PR, for defendant.

OPINION AND ORDER

DOMINGUEZ, District Judge.

Pending before the Court is defendants' motion to dismiss the complaint for failure to state a claim, pursuant to FED. R.CIV.P. 12(b)(6). After referring this matter to Magistrate Judge Gustavo Gelpi, a Report and Recommendation (R & R) was issued, recommending this Court to grant the motion to dismiss. (Docket No. 55). Plaintiffs, nevertheless, filed a motion challenging the conclusions reached in the R & R. After examining the R & R and objections thereto, the Court hereby GRANTS in PART and DENIES in PART defendants' motion to dismiss. (Docket No. 34).

I. MAGISTRATE 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 503, 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 its objections within ten (10) days after being served a copy thereof. See Local Rule 510.2(A); 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.

See 28 U.S.C. § 636(b)(1).

However, pursuant to FED.R.CIV. P. 72(b), "[a]bsent objection by the plaintiffs, the district court had a right to assume that plaintiffs agreed to the magistrate's recommendation." Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir. 1985), cert. denied, 474 U.S. 1021, 106 S.Ct. 571, 88 L.Ed.2d 556 (1985). Moreover, "[f]ailure 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 objection 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 that are 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).

Provided plaintiffs have objected to all the determinations addressed by the Magistrate, the Court shall make a de novo determination of the R & R.

II FACTUAL AND PROCEDURAL BACKGROUND¹

Plaintiffs filed this suit against defendants, pursuant to 42 U.S.C. § 1983, alleging their constitutional rights were violated under the Constitution and laws of the United States, and further alleging violation of rights under the Constitution and laws of Puerto Rico, and pursuant to articles 1802 and 1803 of Puerto Rico's Civil Code, 31 P.R. STAT. ANN., §§ 5141, 5142.

In essence, the complaint alleges that plaintiffs, who were employees of the Municipality of San German, a southwestern town of Puerto Rico, were illegally discharged and/or demoted, due to their political beliefs. After plaintiffs' filed an amended complaint, five (5) defendants filed a motion to dismiss the complaint for failure to state a claim against them. (Docket No. 34). These defendants are Ramon L. Segarra, Rafael Perez-Mercado, Irma Soto, Luis E. Padovani-Padilla, and Jose Nazario. Said defendants allegedly held supervisory positions in the municipality's administration, and over plaintiffs. Thus, their motion to dismiss was centered on two (2) basic points, to wit: first, they requested dismissal for lack of jurisdiction, based on the fact that they were merely plaintiffs' municipal supervisors, and that the factual allegations of the complaint fail to name any of them (save Mr. Ramon L. Segarra); that the acts stated in the complaint point to the Mayor, Isidro Negron-Irizarry, as the person who terminated their jobs at the municipality; and thus, from the pleadings, the allegations are insufficient against them.² Secondly, their motion to dismiss alleges that the complaint should be dismissed as to plaintiffs' claims for money damages against the Commonwealth of Puerto Rico.³

Plaintiffs filed an opposition to defendants' motion to dismiss, on March 19, 2002. (Docket No. 38). In their opposition, plaintiffs invite the Court to read their complaint liberally, arguing that a claim under § 1983 "must permit a reasonable person to infer that political discrimination was a substantial or motivating factor behind the adverse personnel action endured by the plaintiff." (Docket No. 38, p. 3). Moreover, they suggest that "the key question is whether the direct and/or circumstantial evidence proffered, taken as a whole, give [sic] rise to a plausible inference of discriminatory animus which ultimately possesses enough convincing force to persuade a rational fact finder that the defendants' conduct was political motivated." (Id.) Nonetheless, in their opposition plaintiffs acquiesced to the dismissal of the amended complaint with respect to two (2) of said defendants, to wit, Rafael Perez-Mercado and Luis E. Padovani-Padilla.

The matter was referred to Magistrate Judge Gustavo Gelpi for report and recommendation, on June 13, 2002. (Docket No. 45). On July 31, 2002, an R & R was issued, recommending this Court to grant the motion to dismiss. (Docket No. 55). On August 9, 2002, plaintiffs filed a "partial objection" to the R & R. (Docket No. 58). As stated above, since plaintiffs consented to the dismissal of two defendants in their opposition, the Court shall review de novo the R & R only with respect to three (3) of the defendants; to wit, Ramon L. Segarra, Irma Soto, and Jose Nazario. However, since plaintiffs agree they fail to state a cognizable claim against Mr. Rafael Perez-Marcado and Mr. Luis E. Padovani-Padilla, in their complaint, thus, dismissal shall thus be entered forthwith as to these two named defendants.

III MOTIONS TO DISMISS

As the Magistrate correctly indicated, when deciding a Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6), the Court must accept as true all well-pleaded factual claims, and indulge all reasonable inferences in plaintiff's favor. Doyle v. Hasbro, Inc., 103 F.3d 186, 190 (1st Cir.1996). Furthermore, dismissal under Federal Rule of Civil Procedure 12(b)(6) is appropriate if the facts alleged, taken as true, do not justify recovery. Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996). In order to survive a motion to dismiss, plaintiff must set forth "factual allegations, either direct or inferential, regarding each material element necessary to sustain recovery." Gooley v. Mobil Oil Corp. 851 F.2d 513, 515 (1st Cir.1988). Although all inferences must be made in plaintiff's favor, the Court need not accept "bald assertions, unsupportable conclusions, periphrastic circumlocutions, and the like." Aulson, 83 F.3d at 3. Moreover, when considering a motion to dismiss under Rule 12(b)(6) the Court must limit its focus to the allegations of the complaint. Litton Indus., Inc. v. Colon, 587 F.2d 70, 74 (1st Cir.1978). Specifically, the inquiry should be "whether a liberal reading of [the complaint] can reasonably admit of a claim...." Id.; see also Doyle, 103 F.3d at 190.

With respect to civil rights suits, in Judge v. City of Lowell, 160 F.3d 67, 74 (1st Cir.1998), the First Circuit explained that "an action under section 1983 against state officials in their individual capacities requir[es a] plaintiff to prove improper motive...." Thus, the Court stated, the burden is on plaintiffs to put forth in their complaint, "specific, nonconclusory factual allegations that establish that defendant acted based upon an improper motive." Id. at 75 & n. 10 (citing Crawford-El v. Britton, 523 U.S. 574, 118 S.Ct. 1584, 1596, 140 L.Ed.2d 759 (1998));⁴ see also Dartmouth Review, 889 F.2d at 16. "Put another way, the element of illegal motive must be pleaded by alleging specific nonconclusory facts from which such a motive may reasonably be inferred, not merely by generalized asseveration alone." Judge, 160 F.3d at 72. "This circuit and others have held that in civil rights cases ... a bare conclusory allegation of the critical element of illegal intent ... is insufficient." Id.; see also Alfaro v. Ward, 814 F.2d 883, 887 (2nd Cir.1987) (The court states, "allegations which are nothing more than broad, simple, and conclusory statements are insufficient to state a claim under § 1983") (citing Koch v. Yunich, 533 F.2d...