Gomez Candelaria v. Rivera Rodriguez, No. CIV. 01-1391(JP).
| Decision Date | 27 June 2002 |
| Docket Number | No. CIV. 01-1391(JP). |
| Citation | 218 F.Supp.2d 79 |
| Parties | Maria E. GOMEZ CANDELARIA, et al., Plaintiffs v. Jose A. RIVERA RODRIGUEZ, the Municipality of Gurabo and Luz E. Rivera Oyola, Defendants |
| Court | U.S. District Court — District of Puerto Rico |
Ismael Rodriguez-Izquierdo, Santurce, P.R., for Municipality of Gurabo.
Jorge Martinez-Luciano, Law Offices of Pedro Oritz Alvarez, P.S.C., Ponce, P.R., for Victor Rivera-Hernanez, Luis Pinot-Areco.
"It wasn't worth anything to be a good employee if when the time came what they did was pick flags, at the time of choosing."
("De nada valió uno haber sido un buen empleado, si a la hora de la verdad lo que se escogieron fueron las banderas.") — Plaintiff Debby Soto Viera's direct examination testimony on the stand, from trial of María Gómez Candelaria v. Rivera Rodríguez, 01-1391(JP), March 15, 2002, at 11:50 a.m.
These are spontaneous "words of wisdom", ("palabras con luz") that were accepted as true by a jury of her own peers when they entered a verdict for her and against her employer, the Municipality of Gurabo, and awarded her damages for her unconstitutional dismissal on account of her political affiliation to the New Progressive Party ("NPP"). These are impressive although sad conclusions made by a woman who earned a meager $836.88 per month (below the poverty line). In Roman times, as chronicled by Shakespeare, the Victor slaughtered the vanquished.1 Two thousand years later, on the Island of Enchantment ("La Isla del Encanto") we have improved very little; the Victor starves to death the vanquished.
In this case, Debby Soto Viera successfully claimed her rights under the First Amendment of the Constitution of our nation, the United States of America, and exercised her right to free speech. This is fitting because our nation has consecrated itself before history forever as the home of the free, which holds as paramount the freedom and rights of the individual. Because of our nation's egalitarian ideals, "discrimination in any form is the most dehumanizing experience that anybody could ever have."2
In the time-frame following the general elections in January of 2000, there have been no less than 42 political discrimination and dismissal cases filed against municipalities in the District Court for the District of Puerto Rico, comprising a total number of 975 Plaintiffs. The undersigned himself has 15 of these cases, comprising a total number of four hundred twenty seven plaintiffs who have alleged that their employment was adversely affected on account of political discrimination.
The Court has before it individual capacity co-Defendants José A. Rivera Rodríguez and Luz E. Rivera Oyola's "Motion for Judgment as a Matter of Law Rule 50(b) and for New Trial Rule 59" (docket No. 174); and Plaintiffs' Opposition thereto (docket No. 180). Official capacity co-Defendants and the Municipality of Gurabo have not moved for judgment notwithstanding the verdict or for new trial.
Plaintiffs, all 24 of whom are New Progressive Party ("NPP") members, were 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 and available. They claim that Mayor José A. Rivera Rodríguez and his 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.
On January 22, 2002, Defendants filed a motion for summary judgment and requested that the Court find that they were entitled to qualified immunity. On February 25, 2002, the Court issued an extensive Opinion and Order denying Defendants' Motion for Summary Judgment, and denying Defendants' motions for qualified immunity.
On March 4, 2002, the Court commenced the jury trial to hear the political discrimination claims of Plaintiffs María E. Gómez Candelaria; Abraham Vázquez Martínez; Claribel Rodríguez Molina; Abraham Carrasquillo Rodríguez; Rafael Coss Orellana; Grisel I. Calderín Laboy; Olga Marín González; Edna G. Rivera Medina; Raquel Barbosa Cortés; Debby Soto Viera; Santos Román Rodríguez; José L. Cádiz Picart; José L. Cortés Morales; Luis E. Ortiz Delgado; Zenaida Pérez Vega; Mariel Adorno Santiago; María V. Amadeo Huertas; Inés Hernández Barbosa; Brenda L. Alamo Sánchez; Carlos J. Hidalgo; Angel Luis Arroyo Guzmán; Rafael Nazario Rodríguez; Jackeline Delgado Burgos; and Shirley M. Morales Rivera. On April 2, 2002, the Jury returned a verdict against Defendants and in favor of all Plaintiffs. In its verdict, the Jury determined that political affiliation was a substantial or a motivating factor in the decision not to renew this Plaintiffs' Law 52 contracts or not to call Plaintiffs back after new Law 52 funds became approved and available for use by the Municipality of Gurabo; that Plaintiffs were discharged from their Law 52 positions with the Municipality of Gurabo on account of their political affiliation and that other individuals affiliated or identified with the rival political party were employed under Law 52 to perform Plaintiffs' duties under different titles. In total, the aforementioned 24 Plaintiffs were awarded One Million One Hundred Forty Thousand Fifty Dollars ($1,140,050.00) in compensatory damages and punitive damages combined. To be more specific, the Jury awarded Plaintiffs a total of $344,250.00 in damages for loss of earnings against the Municipality of Gurabo and a total of $731,000.00 in damages for pain and suffering against the Municipality of Gurabo. The Court awarded a total of $24.00 in nominal damages to Plaintiffs against the Mayor Rivera and a total of $24.00 in nominal damages against Human Resources Director Rivera Oyola. Further, the Jury awarded Plaintiffs a total of $60,976.00 in punitive damages against Mayor Rivera; and awarded Plaintiffs a total of $3,776.00 in punitive damages against Human Resources Director Rivera Oyola. For further reference, see docket Nos. 134 to 157 which are the verdict forms and docket No. 167 which is the Judgment.
On April 11, 2002, the Court denied Defendants' motion for qualified immunity and dismissed that defense as a matter of law. On April 12, 2002, the Court granted Plaintiffs' motion for the reinstatement of Plaintiffs to their Law 52 positions, and entered Judgment on the Jury Verdict, qualified immunity, and reinstatement. By Order dated May 15, 2002, the Court awarded Plaintiffs Two Hundred Sixty Three Thousand Nine Hundred Ninety Eight Dollars and Twenty Five Cents ($263,998.25) in attorneys' fees, plus interests as of the date of judgment, and further held that the Clerk of Court shall tax costs as it deems appropriate.
Individual-capacity Defendants now move for judgment as a matter of law, or in the alternative, for a new trial. For the reasons set forth herein, Defendants' motion (docket No. 174) is hereby DENIED.
After reviewing Defendants' motion, the Court has been able to piece together the following. Individual-capacity Defendants move for (A) judgment as a matter of law and (B) a new trial pursuant to Rule 50(b) and Rule 59 of the Federal Rules of Civil Procedure, alleging that 1) Plaintiffs did not prove that Luz Oyola was personally involved in the decision not to renew Plaintiffs Law 52 contracts or not to call them back to work; and 2) the Court erred in granting Plaintiffs' motion in limine to preclude the expert testimony of Luis Piñot, 3) the Court erred in denying the motion to reconsider the motion in limine, and 4) the Court erred in denying Defendants' motion to "offer proof" concerning the motion in limine in open court. Further Defendants contend that 5) the Court erred in admitting hearsay testimony of the Mayor's wife concerning the Mayor's intent to hire employees based on their political affiliation, and 6) the Court erred in admitting so-called hearsay testimony related to the political affiliation of the newly hired Law 52 employees, and of Defendants' knowledge of Plaintiffs' political affiliation.
The standard for granting a judgment notwithstanding the verdict made pursuant to Rule 50 is identical to the standard for a directed verdict, since it is technically just a renewal of a ...
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Gomez v. Rodriguez
...Rodríguez, 218 F.Supp.2d 66 (D.P.R.2002) (Gómez I) (denying defendants' motions for summary judgment); Gómez Candelaria v. Rivera Rodríguez, 218 F.Supp.2d 79 (D.P.R.2002) (Gómez II) (denying defendants' motions for post-trial relief). We rehearse here only those details that help to frame t......