Huertas-Gonzalez v. University of Puerto Rico

• Decision Date: 23 October 2007
• Docket Number: No. 06-1727 (DRD).,06-1727 (DRD).
• Citation: 520 F.Supp.2d 304
• Parties: Luz Eneida HUERTAS-GONZALEZ, Plaintiff v. UNIVERSITY OF PUERTO RICO, et als., Defendants.
• Court: U.S. District Court — District of Puerto Rico

520 F.Supp.2d 304

Luz Eneida HUERTAS-GONZALEZ, Plaintiff v. UNIVERSITY OF PUERTO RICO, et als., Defendants.

No. 06-1727 (DRD).

United States District Court, D. Puerto Rico.

October 23, 2007.

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Nicolas Nogueras-Cartagena, Nicolas Nogueras Law Offices, San Juan, PR, for Plaintiff.

Kayra D. Montanez-Laboy, University of PR-Legal Affairs Office, Raquel M. Dulzaides, Jimenez, Graffam & Lausell, Jose L. Gonzalez-Castaner, Gonzalez Castaner & Morales Cordero Law Office, San Juan, PR, for Defendants.

AMENDED OPINION AND ORDER NUNC PRO TUNC

DANIEL R. DOMINGUEZ, District Judge.

Pending before the Court is co-defendant Willie Rosario's Motion to Dismiss Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(B)(6) (Docket No. 42), plaintiff Luz Eneida Huertas-Gonzalez' Response in Opposition to Motion to Dismiss (Docket No. 43), co-defendant University Puerto Rico's Partial Motion to Dismiss (Docket No. 44), Plaintiff's Response in Opposition to Motion to Dismiss Filed by UPR (Docket No. 47), and co-defendant University Puerto Rico's Reply to Response in Opposition to Motion to Dismiss Filed by UPR (Docket No. 55). Also pending before the Court is co-defendants', Willie Rosario, his spouse Minerva Cruz and the Conjugal Partnership comprised by them, Motion to Dismiss (Docket No. 56), Plaintiff's Motion to Strike Motion to Dismiss (Docket No. 61) and defendants', Willie Rosario, his spouse Minerva Cruz and the Conjugal Partnership comprised by them, Response in Opposition to Plaintiff's Motion to Strike (Docket No. 62).

I. INTRODUCTION

In the instant case co-defendants, Willie Rosario, his spouse Minerva Cruz and the Conjugal Partnership comprised by them, in essence aver that all of the claims against them should be dismissed for the following reasons: (1) Title VII does not provide for individual liability and co-defendant Willie Rosario is not an employer under said Title, (2) the invoked Commonwealth employment statute (Act No. 100 of June 30, 1959) does not apply to the Defendants, (3) Plaintiff's state (31 LPRA §§ 5141 and 5142) and federal (42 USC §§ 1981(a), 1983, 1985, 1986) damages claims are either time barred or fail to state a claim for which relief can be granted and (4) Plaintiff fails to state a claim under the Fifth and Fourteenth Amendment.

On the other hand, Plaintiff contends that Co-defendants' Motion to Dismiss (Docket No. 42), should be denied for the following reasons: (1) co-defendant, Willie Rosario can qualify as an employer under Title VII since pursuant to the Fourth Circuit Court case of, Paroline v. Unisys Corp., 879 F.2d 100 (4th Cir.1989), "a supervisor qualified as an `employer' under Title VII if he exercised significant control over plaintiff's hiring, firing or conditions of employment." See Docket No. 43, pg. 3; (2) co-defendant, Willie Rosario may be found individually liable under Title VII, "since the U.S. Supreme Court has not issued a definite ruling on this issue, there is ample latitude for District Court Judges to ascertain whether the provision `... and any agent of such person' makes supervisors liable in their personal capacities." See Docket No. 43, pg. 4; (3) the Puerto Rico Act 100 does apply

since the objective of that statute is the same objective of Title VII, that is, to prevent, discourage, and if necessary, punish discrimination on the workplace. In order to advance the purposes of the law, it is important that its language be interpreted liberally. Therefore, the same ample interpretation as to who is an employer, taking into account whether that person has influence over the plaintiff's hiring, firing or working conditions.

See Docket No. 43, pg. 5; (4) Plaintiff's Section 1981 and 1983 claims are not time barred (a) since Plaintiff filed the instant Complaint within ninety (90) days after the issuance of the EEOC's right to sue letter and (b) pursuant to the applicability of the continuing violations theory; (5) Regarding the claims under Sections 1985 and 1986, "[t]he complaint presents facts which show at least the probability of a conspiracy to deprive the plaintiff of her civil rights based on her gender." See Docket No. 43, pg. 7; (6) The Fifth and Fourteenth Amendments apply since the University of Puerto Rico is a "de facto" agent of the Federal Government and an entity of the government of Puerto Rico; and finally (7) the supplemental jurisdiction claims should not be dismissed since the Complaint "establishes a prima facie case of violation of several federal statutes by the defendant. There[fore], there is clearly a legitimate federal question controversy between the parties." See Docket No. 43, pg. 9 (emphasis ours).

Co-defendant, University of Puerto Rico avers that most of the claims against it should be dismissed for the following reasons: (1) the University of Puerto Rico is not covered by the Puerto Rico Act 100 of June 30, 1959, 29 L.P.R.A. §§ 146-151, (2) the University of Puerto Rico is protected from suits in Federal Court by the Eleventh Amendment, (3) Plaintiff's state (31 LPRA §§ 5141 and 5142) and federal (42 USC §§ 1981a, 1983, 1985, 1986) damages claims are either time barred or fail to state a claim for which relief can be granted, and (4) Plaintiff's claims under the Fifth and Fourteenth Amendment should be dismissed due to the fact that the University is not a federal actor and the Complaint fails to state a claim of a due process violation.

On the other hand, Plaintiff contends that Co-defendants University of Puerto Rico's Partial Motion to Dismiss (Docket No. 44), should be denied for the following reasons: (1) the University of Puerto Rico is employer under Title VII¹; (2) the Puerto Rico Act 100 does apply to the University of Puerto Rico "because the clear language of the law does not require it to be a for profit institution." See Docket No. 47, pg. 4 (emphasis on original); (3) Pursuant to Toledo v. Sanchez, 454 F.3d 24 (1st Cir.2006), "the UPR is not covered by the Eleventh Amendment in discrimination cases." See Docket No. 47, pg. 5; (4) since Plaintiff's claim is under Section 1981(a) and not under Section 1981, the "UPR is therefore incorrect in stating that plaintiff must state that it is a member of a racial minority, since that is not a requirement of Section 1981(a)." See Docket No. 47, pg. 6; (5) Plaintiff's Section 1983 claim is not time barred (a) since Plaintiff filed the instant Complaint within ninety (90) days after the issuance of the EEOC's right to sue letter and (b) pursuant to the applicability of the continuing violations theory; (6) Regarding the claims under Sections 1985 and 1986, "[t]he complaint presents facts which show at least the probability of a conspiracy to deprive the plaintiff of her civil rights based on her gender." See Docket No. 47, pg. 8; (7) The Fifth and Fourteenth Amendments apply since the University of Puerto Rico is a "de facto" agent of the Federal Government as well as an entity of the government of Puerto Rico. However, the UPR is not an "arm of the state" as it is autonomous and it has standing to sue and being sued independently of the government of the Commonwealth of Puerto Rico. See Docket No. 47, pg. 9; and finally (8) the supplemental jurisdiction claims should not be dismissed since the Complaint "establishes a prima facie case of violation of several federal statutes by the defendant. There[fore], there is clearly a legitimate federal question controversy between the parties." See Docket No. 47, pg. 9.

For the reasons stated below the Court hereby GRANTS co-defendant, Willie Rosario's, Motion to Dismiss Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(B)(6) (Docket No. 42), as well as co-defendants', Willie Rosario his spouse Minerva Cruz and the Conjugal Partnership comprised by them, Motion to Dismiss (Docket No. 56), and GRANTS co-defendant University Puerto Rico's Partial Motion to Dismiss (Docket No. 44). Plaintiff's Motion to Strike Motion to Dismiss (Docket No. 61) is hereby found as MOOT. Consequently, all the claims against co-defendants, Willie Rosario his spouse Minerva Cruz and the Conjugal Partnership comprised by them, are hereby DISMISSED with PREJUDICE, and all of the claims against University Puerto Rico, except the Title VII claim, are hereby DISMISSED with PREJUDICE.

II. MOTION TO DISMISS STANDARD R. 12(b)(6)

Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a party may, in response to an initial pleading, file a motion to dismiss the complaint for failure to state a claim upon which relief may be granted. It is well-settled, however, that "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." See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); see also Miranda v. Ponce Fed. Bank, 948 F.2d 41 (1st Cir.1991). The Court must accept as true "all well-pleaded factual averments and indulg[e] all reasonable inferences in the plaintiff's favor." See Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996)(emphasis ours); see also Berríos v. Bristol Myers Squibb Caribbean Corp., 51 F.Supp.2d 61 (D.Puerto Rico 1999). A complaint, in order to survive a motion to dismiss, must set forth "factual allegations, either direct or inferential, regarding each material element necessary to sustain recovery under some actionable theory." See Romero-Barceló v. Hernández-Agosto, 75 F.3d 23, 28 n. 2 (1st Cir.1996) (quoting Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir.1988)).

In other words, in order for a Plaintiff to sustain recovery under some actionable theory, the Plaintiff must plead, pursuant to the

Federal Rule of Civil Procedure 8(a)(2), only "a short and plain statement of the claim showing that the pleader is entitled to relief," in order to "give the defendant fair...