Figueroa-Garay v. Municipality of Rio Grande

• Decision Date: 08 March 2005
• Docket Number: Civil No. 04-1286(SEC).
• Citation: 364 F.Supp.2d 117
• Parties: Blanca I. FIGUEROA-GARAY, et al., Plaintiffs v. MUNICIPALITY OF RIO GRANDE, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

364 F.Supp.2d 117

Blanca I. FIGUEROA-GARAY, et al., Plaintiffs v. MUNICIPALITY OF RIO GRANDE, et al., Defendants.

Civil No. 04-1286(SEC).

United States District Court, D. Puerto Rico.

March 8, 2005.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Nora Vargas-Acosta, San Juan, PR, for Plaintiff.

Municipality of Rio Grande, pro se.

Emilio Rosa-Pacheco, pro se.

Jorge Martinez-Luciano, Ponce, PR, for Defendant.

Hector Rosa-Cirilo, pro se.

OPINION AND ORDER

CASELLAS, District Judge.

Pending before the Court are Defendants' motions to dismiss (Dockets 4 & 14).¹ Plaintiffs have opposed said motions (Dockets 9 & 15) and Defendants have replied (Dockets 11 & 20). After carefully considering the parties' filings and the applicable law, for the reasons set forth below, we find that Defendants' motions must be GRANTED in part and DENIED in part.

Factual Background

Plaintiffs, Blanca I. Figueroa-Garay, her husband, Victor M. Fuentes-Lopez and their conjugal partnership, filed the above-captioned matter seeking redress for the alleged violation of their rights under the Constitution of the United States of America, First, Fifth and Fourteenth Amendments, the Federal Civil Rights Act, Sections 1983 and 1988, and the Constitution and laws of the Commonwealth of Puerto Rico. They seek equitable relief and damages (compensatory and punitive) for Defendants' alleged politically discriminatory actions, specifically, Co-plaintiff Figueroa-Garay's alleged unjustified work transfers, unannounced changes in her work schedule, unwarranted disciplinary actions, hostile work environment, harassment, lack of reasonable accommodation and suspensions without pay (Docket # 1). Plaintiffs have sued Co-defendants Emilio Rosa-Pacheco, Mayor of the Municipality of Rio Grande, in his personal and official capacities, Hector Rosa-Cirilo, Administrative Officer of the Municipality, in his personal capacity only, and the Municipality of Rio Grande.

Standard of Review

In assessing whether dismissal for failure to state a claim is appropriate, "the trial court, must accept as true the well-pleaded factual allegations of the complaint, draw all reasonable inferences therefrom in the plaintiff's favor, and determine whether the complaint, so read, limns facts sufficient to justify recovery on any cognizable theory." LaChapelle v. Berkshire Life Ins. Co., 142 F.3d 507, 508 (1st Cir.1998) (citations omitted). "[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-6, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), quoted in Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 654, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). See also Correa-Martínez v. Arrillaga-Beléndez, 903 F.2d 49, 52 (1st Cir.1990) (dismissal for failure to state a claim is warranted "only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory.").

But "[a]lthough this standard is diaphanous, it is not a virtual mirage." Berner v. Delahanty, 129 F.3d 20, 25 (1st Cir.1997) (quoting Gooley v. Mobil Oil Corp., 851 F.2d 513, 515 (1st Cir.1988)). In order to survive a motion to dismiss, "a complaint must set forth `factual allegations, either direct or inferential, respecting each material element necessary to sustain recovery under some actionable legal theory.'" Id.

In judging the sufficiency of a complaint, courts must "differentiate between well-pleaded facts, on the one hand, and `bald assertions, unsupportable conclusions, periphrastic circumlocution, and the like,' on the other hand; the former must be credited, but the latter can safely be ignored." LaChapelle, 142 F.3d at 508 (quoting Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996)). See also Rogan v. Menino, 175 F.3d 75, 77 (1st Cir.1999). Moreover, Courts "will not accept a complainant's unsupported conclusions or interpretations of law." Wash. Legal Found. v. Mass. Bar Found., 993 F.2d 962, 971 (1st Cir.1993).

Applicable Law and Analysis

Defendants have presented a plethora of arguments in their request for dismissal of Plaintiffs' claims, namely: (1) lack of standing of Co-plaintiff Victor M. Fuentes-Lopez to sue under Section 1983; (2) Plaintiffs' claims under Section 1983 are time-barred; (3) the Municipality of Ro Grande and Co-defendant Rosa-Pacheco in his official capacity are entitled to Eleventh Amendment immunity from Section 1983 claims; (4) Co-plaintiff Figueroa-Garay has no proprietary interest; (4) Co-plaintiff Figueroa-Garay has no actionable equal protection claim; (5) Plaintiffs do not have a cause of action under Section 504 of the Rehabilitation Act against Co-defendants Rosa-Pacheco and Rosa-Cirilo in their personal capacities; (6) punitive damages are not recoverable under the Rehabilitation Act; and (7) punitive damages are not recoverable under Section 1983. See Dockets 4, 11, 14 & 20. We will address these arguments in that same order.

I. Section 1983

Section 1983 in itself does not confer substantive rights, but provides a venue for vindicating federal rights elsewhere conferred. See Graham v. M.S. Connor, 490 U.S. 386, 393-394, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). In order to establish liability under Section 1983, a plaintiff must first show that "the conduct complained of was committed by a person acting under color of state law." Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), overruled on other grounds by Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986); Gutiérrez-Rodríguez v. Cartagena, 882 F.2d 553, 559 (1st Cir.1989); Saugus v. Voutour, 474 U.S. 1100, 106 S.Ct. 879, 88 L.Ed.2d 916 (1986); Voutour v. Vitale, 761 F.2d 812, 819 (1st Cir.1985).

Second, a plaintiff must show that the defendant's conduct deprived a person of rights, privileges or immunities secured by the Constitution or laws of the United States. See Parratt, 451 U.S. at 535, 101 S.Ct. 1908; Gutiérrez-Rodríguez, 882 F.2d at 559. This second prong has two aspects: (1) there must have been an actual deprivation of the plaintiff's federally protected rights; and (2) there must have been a causal connection between the defendant's conduct and the deprivation of the plaintiff's federal rights. See Gutiérrez-Rodríguez, 882 F.2d at 559; Voutour, 761 F.2d at 819. In turn, this second element of causal connection requires that the plaintiff establish: (1) for each defendant, that the defendant's own actions deprived the plaintiff of his/her protected rights, Monell v. Dep't of Soc. Servs., 436 U.S. 658, 694 n. 58, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Gutiérrez-Rodríguez, 882 F.2d at 562; Figueroa v. Aponte-Roque, 864 F.2d 947, 953 (1st Cir.1989); and (2) that the defendant's conduct was intentional, Simmons v. Dickhaut, 804 F.2d 182, 185 (1st Cir.1986), grossly negligent, or amounted to a reckless or callous indifference to the plaintiff's constitutional rights. See Gutiérrez-Rodríguez, 882 F.2d at 562.

A. Standing to Sue Under Section 1983

In the instant case, Plaintiffs' federal claims arise out of the allegedly discriminatory acts of Defendants directed to Co-plaintiff Figueroa-Garay. Thus, Defendants have challenged Co-plaintiff Figueroa-Garay's spouse's and their conjugal partnership's standing to sue under Section 1983. The First Circuit case law is crystal clear to the effect that only the party whose civil rights have been violated may bring a claim pursuant to that Section. See Judge v. City of Lowell, 160 F.3d 67, 76 n. 15 (1st Cir.1998)("A section 1983 lawsuit is a personal action"). "Therefore, only the person toward whom the state action was directed, and not those incidentally affected, may maintain a § 1983 claim." Pittsley v. Warish, 927 F.2d 3, 8 (1st Cir.1991). See also, Rodríguez-Oquendo v. Toledo-Dávila, 39 F.Supp.2d 127, 131-32 (D.P.R.1999)("family members do not have an independent claim under § 1983 unless the constitutionally defective conduct or omission was directed at the family relationship"). Therefore, Defendants' request for dismissal of Co-plaintiffs Fuentes-Lopez's and the Fuentes-Figueroa conjugal partnership's Section 1983 claims is hereby GRANTED. Accordingly, Co-plaintiffs Fuentes-Lopez's and the Fuentes-Figueroa conjugal partnership's Section 1983 claims will be DISMISSED WITH PREJUDICE.

B. Section 1983-Time Barred

Section 1983 provides a venue for vindicating federal rights elsewhere conferred. See Graham v. M.S. Connor, 490 U.S. 386, 393-94, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). However, it does not contain a statute of limitations to govern those claims filed under it. It is well-settled that state-law statute of limitations governs suits in federal courts arising under 42 U.S.C. § 1983. Owens v. Okure, 488 U.S. 235, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989). For such purposes, federal courts are to borrow the state law limitations period for personal injury suits. Id. Puerto Rico law imposes a one-year statute of limitations for tort actions arising out of the fault or negligence of a defendant. Art. 1868(2) of the Puerto Rico Civil Code, 31 P.R. Laws Ann. § 5298. Hence, actions brought in this district under § 1983 are subject to Article's 1868(2) one-year statute of limitations. See Graffals-González v. García-Santiago, 550 F.2d 687, 688 (1st Cir.1977); Carreras-Rosa v. Alves-Cruz, 127 F.3d 172, 174 (1st Cir.1997); Calero-Colón v. Betancourt-Lebrón, 68 F.3d 1, 2 (1st Cir.1995) (citing Wilson v. Garcia, 471 U.S. 261, 276-80, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985)); Guzmán-Rivera v. Rivera-Cruz, 29 F.3d 3, 4-5 (1st Cir.1994). The one year statutory period begins one day after the date of accrual. Benitez-Pons v. Commonwealth of Puerto Rico, 136 F.3d 54, 59 (1st Cir.1998) (citing Carreras-Rosa, 127 F.3d at 174).

Although federal courts resort to state law to determine the length of the statute of...