Gutierrez v. Molina

• Decision Date: 05 September 2006
• Docket Number: Civil No. 03-1256 (JAG)(JA).
• Citation: 447 F.Supp.2d 168
• Parties: Enid Marrero GUTIERREZ, et al., Plaintiffs, v. Esperanza MOLINA, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

447 F.Supp.2d 168

Enid Marrero GUTIERREZ, et al., Plaintiffs, v. Esperanza MOLINA, et al., Defendants.

Civil No. 03-1256 (JAG)(JA).

United States District Court, D. Puerto Rico.

September 5, 2006.

COPYRIGHT MATERIAL OMITTED

Liz M. Cruz-Jimenez, Lixandra Osorio-Felix, Nicolas Nogueras Law Offices, San Juan, PR, for Plaintiffs.

Idza Diaz-Rivera, Isabel Maria Rodriguez-Casellas, Marta E. Vila-Baez, Sanchez, Betances & Sifre, P.S.C., Jo-Ann Estades-Boyer, Prado, Nunez & Associates, PSC, Edgardo Mangual-Gonzalez, Francisco A. Ojeda-Diez, San Juan, PR, Eduardo A. Vera-Ramirez, Eileen Landron-Guardiola, Luis A. Rodriguez-Munoz, Landron & Vera LLP, Guaynabo, PR, for Defendants.

OPINION AND ORDER

JUSTO ARENAS, Chief United States Magistrate Judge.

I. INTRODUCTION AND PROCEDURAL HISTORY

This matter is before the court on defendants' motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), filed on May 12, 2006, by defendants Luis Coss, Myrna Crespo-Saavedra, Housing Department of the Commonwealth of Puerto Rico ("PRHD"), Esperanza Molina, Ileana Echegoyen, Gabriel Alonso, Nilsa Enid Negrón, Ramonita Garcia, and Wanda Roman. (Docket No. 70.) The original complaint in this case was filed on March 10, 2003 (Docket No. 1) and was amended on July 19, 2004. (Docket No. 30.) Upon consent of all parties, this case was transferred to me on September 10, 2004. (Docket No. 44.) An answer to the amended complaint was filed on November 17, 2004. (Docket No. 47.) A reply to the motion for judgment on the pleadings was filed on June 12, 2006, (Docket No. 77), and exhibits in support were filed on the following day. (Docket No. 78.)

II. FACTS

The basic facts of this case have been outlined in the opinion and or order of August 11, 2004 (Docket No. 34, at 2) and are incorporated as if set forth fully herein. The facts are supplemented only by the following: plaintiff Marrero held a career position as "Director of Section 8 Program" since 1994. (Docket No. 30, amended complaint, at 5, ¶¶ 20-21.) Defendant Ivan Velez was plaintiff Marrero's direct supervisor. On April 18, 2002, defendant Velez, a PDP member, was demoted to a lower position and notified that PRHD was seeking to have him terminated for committing serious illegal acts and for failing to perform his duties. (Id. at 8, ¶¶ 33 & 34.) On May 3, 2002, plaintiff Marrero received a letter from. PRHD. This letter, followed by a second, accused her of failing to do her job and of committing illegal acts; the accusations were similar to those against defendant Velez. (Id. at 11-12, ¶¶ 48 & 49.) Plaintiff Marrero was summoned to an informal hearing. At the hearing, plaintiff Marrero was able to rebut the accusations against her but the hearing officer nevertheless decided to submit a negative report. Pending a final disposition on the accusations, plaintiff Marrero was allowed to continue working. (Id. at 11-12, ¶¶ 52 & 53.) In June of 2002, defendant Molina retired. (Id. at 7, ¶ 32.) There was a reorganization at PRHD and defendant Alonso became the Section 8 Program supervisor. The plaintiff alleges that this reorganization was a "sham" that failed to follow federal guidelines. The reorganization profoundly altered plaintiffs duties at PRHD and she was not able to adequately protest the reorganization. The reorganization allegedly amounted to a "constructive demotion." (Id. at 8-9, ¶¶ 37-39.) During this time her subordinates often circumvented her. Additionally, plaintiff Marrero's supervisors treated her in a discourteous and condescending manner. (Id. at 9, ¶ 41.) At times, plaintiff Marrero's political party, the New Progressive Party ("NPP"), was mocked by defendant Molina. Defendant Molina was supposedly a member of the Popular Democratic Party ("PDP"). (Id. at 42.) The aforementioned situation worsened a "cancerous" condition that plaintiff Marrero suffered from. The defendants continued to mock her claiming that she was not really sick and that she was attempting to not do work by faking illness. (Id. at 11, ¶ 47.) On March 10, 2003, plaintiff Marrero was notified that she was "separated from her employment and salary." (Id. at 14, ¶ 59.)

On May 16, 2000, plaintiff Bou was promoted to the career position of "Administrative Director II" at PRHD. (Id. at 15, ¶ 62.) Defendant Coss wished to remove Mr. Bou from his position in order to gain "political control" of the department. (Id. at 15, ¶ 65.) To that end, defendant Coss requested that Mr. Angel Semidey find a way to remove Mr. Bou from his position. Mr. Semidey was unable to find a legal way and told this to defendant Coss. (Id. at 16, ¶¶ 68 & 70.) Defendant Coss was so enraged by Mr. Semidey's inability that he requested Mr. Semidey's resignation; Mr. Semidey immediately resigned. (Id. at ¶ 71.) On March 7, 2001, Mr. Bou received a letter from defendant Echegoyen informing him that, because he had been promoted illegally, his appointment was void and he would be returned to his prior job. (Id. at ¶ 72.) On July 27, 2002, plaintiff Bou encountered Mr. Semidey at a celebration. On that date Mr. Semidey, for the first time, notified plaintiff Bou of the real reason behind his demotion. The above facts are based on the amended complaint and assumed to be true for purposes of the pending motion. (Id. at 17, ¶¶ 74-75.)

III. DISCUSSION

A. STANDARD FOR JUDGMENT ON THE PLEADINGS

A motion for judgment on the pleadings, pursuant to Federal Rule of Civil Procedure 12(c), is for all intents and purposes a Rule 12(b)(6) motion to dismiss filed after the close of the pleadings. Pasdon v. City of Peabody, 417 F.3d 225, 226 n. 1 (1st Cir.2005); Torres-Negron v. Merck & Co., 376 F.Supp.2d 121, 125 (D.P.R.2005). Under Rule 12(b)(6), a litigant is permitted to move to dismiss an action for "failure to state a claim upon which relief can be granted[.]" Fed.R.Civ.P. 12(b)(6). Dismissal under the rule is not appropriate "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.'" Hartford Fire Ins. Co. v. California, 509 U.S. 764, 811, 113 S.Ct. 2891, 125 L.Ed.2d 612 (1993) quoting McLain v. Real Estate Bd. of New Orleans, Inc., 444 U.S. 232, 246, 100 S.Ct. 502, 62 L.Ed.2d 441 (1980) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); Viera-Marcano v. Ramirez-Sanchez, 224 F.Supp.2d 397, 399 (D.P.R.2002). In ruling upon a Rule 12(b)(6) motion, the court must accept as true all the well-pleaded factual allegations in the complaint and construe all reasonable inferences in favor of the plaintiff. Perry v. New England Bus. Serv., Inc., 347 F.3d 343, 344 (1st Cir.2003) (citing Beddall v. State St. Bank & Trust Co., 137 F.3d 12, 16 (1st Cir.1998)). The complaint should only be dismissed if it appears that, "under the facts alleged, [the plaintiff] cannot recover under any viable theory." Campagna v. Mass. Dep't of Envtl. Prot., 334 F.3d 150, 154 (1st Cir.2003) (quoting Nethersole v. Bulger, 287 F.3d 15, 18 (1st Cir.2002)); see Class v. Com. of Puerto Rico, 309 F.Supp.2d 235, 236 (D.P.R.2004). Accordingly, to survive a Rule 12(b)(6) motion, plaintiffs must present "factual allegations, either direct or inferential, respecting each material element necessary to sustain recovery under some actionable legal theory." Romero-Barcelo v. Hernandez-Agosto, 75 F.3d 23, 28 n. 2 (1st Cir.1996) citing Rumford Pharmacy, Inc. v. City of E. Providence, 970 F.2d 996, 998 (1st Cir. 1992) (quoting Gooley v. Mobil Oil Corp., 851 F.2d 513, 515 (1st Cir.1988)).

B. PLAINTIFF BOU—STATUTE OF LIMITATIONS

It has been consistently held that "[w]hen Congress has not established a time limitation for a federal cause of action, the settled practice has been to adopt a local time limitation as federal law if it is not inconsistent with federal law or policy to do so." Wilson v. Garcia, 471 U.S. 261, 266-67, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985) (footnote omitted) (holding that a state's statute of limitations for torts must be applied to cases arising under section 1983); Rodriguez-Garcia v. Municipality of Caguas, 354 F.3d 91, 96 (1st Cir.2004). The applicable law in Puerto Rico is Puerto Rico Laws Annotated, title 31, section 5298(2). As such, a one-year statute of limitations applies for actions brought in the District of Puerto Rico under section 1983. Centro Medico del Turabo, Inc. v. Feliciano de Melecio, 406 F.3d 1, 6 (1st Cir.2005). Although how long the metaphorical clock will tick for is derived from state law, when that clock starts ticking finds its genesis in federal law, that is, on the date that the plaintiff knew or should have known of the harm. Rivera-Muriente v. Agosto-Alicea, 959 F.2d 349, 353 (1st Cir.1992). Plaintiff Bou alleges that he was demoted without a hearing on March 7, 2001 through a letter that accused him of having been improperly promoted in the first place. It was on that date that plaintiff Bou knew that PRHD had removed him from his position without "request[ing] any documentation from Bou regarding the legality or illegality of his appointment . ..." (Docket No. 30, at 18, ¶ 79.) If Mr. Bou wished to argue that he was improperly demoted for lack of a hearing, he had one year to do so. That year expired on March 7, 2002. The original complaint was filed on March 10, 2003. Therefore, plaintiff Bou's due process claims are time barred.

Plaintiff Bou further alleges that it was not until July 27, 2002 that he was informed of the political nature of his demotion after he casually met Mr. Semidey. The First Circuit has repeatedly and "unambiguously" rejected the notion that a claim accrues once the plaintiff knows of both the action against him and the discriminatory animus behind it. Vistamar, Inc. v. Fagundo-Fagundo, 430 F.3d 66, 70 (1st Cir.2005) (citing Morris v. Gov't Dev. Bank of P.R., 27 F.3d 746, 749-50 (1st Cir.1994)). A claim accrues once a person has knowledge of the adverse employment...