Gomez Candelaria v. Rivera Rodriguez

• Decision Date: 25 February 2002
• Docket Number: No. CIV. 01-1391(JP).,CIV. 01-1391(JP).
• Court: U.S. District Court — District of Puerto Rico
• Parties: Maria E. GOMEZ CANDELARIA, et al., Plaintiffs v. José A. RIVERA RODRÍGUEZ, et al., Defendants

218 F.Supp.2d 66

Maria E. GOMEZ CANDELARIA, et al., Plaintiffs v. José A. RIVERA RODRÍGUEZ, et al., Defendants

No. CIV. 01-1391(JP).

United States District Court, D. Puerto Rico.

February 25, 2002.

Eliezer Aldarondo-Ortiz, Esq., Pablo Landrau-Pirazzi, Esq., San Juan, for Plaintiff.

Ismael Rodríguez-Izquierdo, Esq., First Federal Savings Bldg., José A. Santiago-Rivera, Esq., Commonwealth Department of Justice, Federal Litigation Division, San Juan, for Defendant.

OPINION AND ORDER

PIERAS, Senior District Judge.

I. INTRODUCTION AND BACKGROUND

The Court has before it individual capacity co-Defendants José Rivera-Rodríguez and Luz E. Rivera-Oyola's Motion for Summary Judgment (docket No. 86(A)) and Plaintiffs' Opposition thereto, (docket No. 92).

Plaintiffs are twenty-four (24) members of the New Progressive Party ("NPP") and employed by the Municipality of Gurabo in jobs funded through the Employment Opportunities Development Fund created by Section 2 of Act 52 of August 9, 1991, 29 P.R. Laws Ann. § 711c, ("Law 52"). Plaintiffs assert that after Popular Democratic Party ("PDP") member José A. Rivera Rodríguez ("Rivera") was elected Mayor of Gurabo for a four-year term starting in January of 2001, he and the Municipality of Gurabo's Human Resources Director Luz E. Rivera Oyola ("Rivera-Oyola"), politically discriminated against them by declining to renew their Law 52 contracts, even though Law 52 funds were approved. They claim that Mayor Rivera's current administration hired people affiliated with the PDP to fill Plaintiffs' former positions and/or perform their former functions. Plaintiffs brought this action under the First Amendment of the United States Constitution and 42 U.S.C. § 1983. In addition, Plaintiffs invoke the Court's supplemental jurisdiction to hear claims under Articles 1802 and 1803 of the Puerto Rico Civil Code, 31 P.R. Laws Ann. §§ 5141 and 5142. Plaintiffs seek declaratory and injunctive relief, back pay, front pay, economic and punitive damages and interests.

In their Motion for Summary Judgment, individual capacity Defendants Mayor Rivera and Human Resource Director Rivera-Oyola claim that 1) they are entitled to qualified immunity; 2) the complaint should be dismissed as to Rivera-Oyola because she was not personally involved in actions connected to the non-renewal of Plaintiffs' employment contracts; and 3) the claims of co-Plaintiffs José L. Cadiz-Picart, Zenaida Pérez-Vega, Angel L. Arroyo-Guzmán, Rafael Nazario-Rodríguez and Shirley M. Morales-Rivera should be dismissed because they did not request renewal of their Law 52 contracts.

II. SUMMARY JUDGMENT STANDARD

Rule 56(c) of the Federal Rules of Civil Procedure provides for the entry of summary judgment where "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); Pagano v. Frank, 983 F.2d 343, 347 (1st Cir.1993); Lipsett v. University of Puerto Rico, 864 F.2d 881, 894 (1st Cir.1988). Summary judgment is appropriate where, after drawing all reasonable inferences in favor of the non-moving party, there is no genuine issue of material fact for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material if, based on the substantive law at issue, it might affect the outcome of the case. Id. at 248, 106 S.Ct. 2505; Mack v. Great Atl. & Pac. Tea Co., Inc., 871 F.2d 179, 181 (1st Cir.1989). A material issue is "genuine" if there is sufficient evidence to permit a reasonable trier of fact to resolve the issue in the non-moving party's favor. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Boston Athletic Ass'n v. Sullivan, 867 F.2d 22, 24 (1st Cir.1989).

The party filing a motion for summary judgment bears the initial burden of proof to show "that there is an absence of evidence to support the non-moving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden then shifts to the non-movant to show that "sufficient evidence supporting the claimed factual dispute [exists] to require a jury or judge to resolve the parties' differing versions of truth at trial." See First Nat'l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 288-89, 88 S.Ct. 1575, 1592-93, 20 L.Ed.2d 569 (1968). The party opposing summary judgment may not rest upon mere allegations or denials of the pleadings, but must affirmatively show, through filing of supporting affidavits or otherwise, that there is a genuine issue for trial. See id.; Goldman v. First Nat'l Bank of Boston, 985 F.2d 1113, 1116 (1st Cir.1992). On issues where the non-movant bears the ultimate burden of proof, he must present definite, competent evidence to rebut the motion. See Anderson, 477 U.S. at 256-57, 106 S.Ct. at 2514-15.

III. SECTION 1983

Section 1983 provides for injunctive relief and the recovery of damages against individuals and governmental entities that deprive a plaintiff of rights, privileges, or immunities secured by the Constitution and laws of the United States.¹ The U.S Supreme Court has "repeatedly held that the coverage of section 1983 must be broadly construed." Dennis v. Higgins, 498 U.S. 439, 443, 111 S.Ct. 865, 868, 112 L.Ed.2d 969 (1991) (quoting Golden State Transit Corp. v. Los Angeles, 493 U.S. 103, 105, 110 S.Ct. 444, 448, 107 L.Ed.2d 420 (1989)). A broad construction is consistent with the legislative history of section 1983, which was enacted as a remedial measure. See id. (citing Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 684, 98 S.Ct. 2018, 2032, 56 L.Ed.2d 611 (1978)).

In order to establish a prima facie cause of action under section 1983, Plaintiffs must prove that Defendants' conduct deprived them of a constitutional right. See Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 1912, 68 L.Ed.2d 420 (1981) (overruled in part on other grounds, Daniels v. Williams, 474 U.S. 327, 330-331, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986)).

IV. UNCONTESTED FACTS

Based on the record and the parties' contentions contained in the Initial Scheduling Conference Order (docket No. 22); Defendants' Motion for Summary Judgment (docket No. 86(a)); Plaintiffs' Opposition thereto (docket No. 31); and stipulated facts contained in the joint proposed pretrial order, (docket No. 100), and after the parties have completed discovery in the instant case, the Court finds the following facts to be undisputed:

1. Plaintiffs in this action are all citizens of the United States of America, who were employed until January 31, 2001 by the Municipality of Gurabo in jobs funded through the Employment Opportunities Development Fund created by Section 2 of Act 52 of August 9, 1991, 29 P.R. Laws Ann. § 711(c).

2. By virtue of Act 52 of August 9, 1991, the Puerto Rico Legislature, among other things, created an Employment Opportunities Development Fund, separate and distinct from all other moneys or funds of the Commonwealth of Puerto Rico. These funds are continually at the disposition of the Secretary of the Treasury, solely and exclusively for activities coordinated by the Employment Service of the Department of Labor and Human Resources of the Commonwealth of Puerto Rico, directed to: (1) promote employment opportunities with future possibilities as thus identified officially by the Department of Labor and Human Resources; (2) promote jobs that are in demand in the present market; and (3) promote the creation of high productivity employment opportunities (hereinafter "Law 52" or "Law 52 Funds").

3. For years since its enactment, the Municipality of Gurabo, as well as other municipalities across the Commonwealth, has applied for and been granted moneys from the Law 52 fund to subsidize a number of municipal jobs.

4. All Plaintiffs worked at the Municipality of Gurabo pursuant to a Law 52 employment contract running from July 1 through December 31, 2000, which was later extended until January 31, 2001.

5. Plaintiffs' Law 52 contracts are transitory in nature and usually extend only for one natural year.

6. On November 7, 2000, general elections were held in Puerto Rico.

7. In the Municipality of Gurabo, the then incumbent Mayor, Víctor Rivera Acevedo, Esq., affiliated with the New Progressive Party ("N.P.P."), was defeated by the Popular Democratic Party's ("P.D.P.") candidate, the defendant José A. Rivera Rodríguez. Accordingly, in January 2001, defendant Rivera Rodríguez was sworn as Mayor of the Municipality of Gurabo.

8. At the time that Defendant José A. Rivera Rodríguez took office on January 9, 2001, all of the plaintiffs had worked at the Municipality of Gurabo, for different lengths of time, in jobs subsidized Law 52 funds.

9. By letter dated January 30, 2001, defendant Mayor José A. Rivera Rodríguez terminated Plaintiffs' respective employments with the Municipality of Gurabo, effective on January 31, 2001.

10. Contemporaneously with their dismissal from their municipal employments, all Plaintiffs with the exception of José L. Cadiz-Picart, Zenaida Pérez-Vega, Angel L. Arroyo-Guzmán, Rafael Nazario-Rodríguez and Shirley M. Morales-Rivera, let the Mayor know, personally or through his underlings, that they were willing and able to renew their former duties as soon as the new proposal for Law 52 Funds, already in the pipeline, were approved.

11. Shortly after Plaintiffs' employment was terminated, the Law 52 Funds proposal was approved.

12. The Municipality did not rehire Plaintiffs under the new Law 52 proposal corresponding to the period commencing in mid-February of the year 2001.

13. None of the plaintiffs were reinstated to their previous positions with the Municipality of Gurabo.

14. At the time that Plaintiffs were replaced with other persons in their former Law 52 positions, Plaintiffs' past work performance was not...