Llantin-Ballester v. Negron-Irrizary
| Decision Date | 07 January 2005 |
| Docket Number | No. CIV.04-1137(PG).,CIV.04-1137(PG). |
| Citation | 353 F.Supp.2d 206 |
| Parties | Isaac LLANTIN-BALLESTER et al., Plaintiffs, v. Isidro A. NEGRON-IRRIZARY, et al., Defendants |
| Court | U.S. District Court — District of Puerto Rico |
Orlando Duran-Medero, San Juan, PR, for Plaintiffs.
Johanna M. Emmanuelli-Huertas, Jorge Martinez-Luciano, for Defendants.
Before the Court is Magistrate Judge Camille Velez-Rive's Report and Recommendation ("R & R") regarding Co-Defendants Isidro Negron Irrizary ("Negron") and the Municipality of San German's Motions to Dismiss (Docket Nos. 4, 10.) Upon reviewing the R & R, the objections filed, as well as the record of the case, the Court APPROVES AND ADOPTS IN PART the Magistrate Judge's recommendations and dismisses the complaint.
Plaintiff Isaac Llantin Ballester ("Llantin") was the Mayor of San German from January 1997 to December 2000 when as a result of the November 2000 elections, co-defendant Isidro Negron Irrizary ("Negron") was elected Mayor. Plaintiff is a member of the New Progressive Party ("NPP") and co-defendant Negron is a member of the Popular Democratic Party ("PDP").
Llantin claims that following his retirement in early 2001, he requested the payment of his accumulated vacations and sick leave which totaled $47,000 but never received it. He claims he sent several written communications to Negron and called him on the phone in an effort to collect the money owed but was unsuccessful. As a final aid to his collection efforts Llantin sought the assistance of the Puerto Rico Comptroller sometime in February 2002. Plaintiffs claim the latter sent a letter to the Negron requesting that he take appropriate action regarding the money owed to Llantin but no positive results were obtained.
On February 19, 2004, Llantin, his wife Judith Quiñones-Ojeda, and the conjugal partnership constituted between them (collectively "plaintiffs"), filed suit against the Municipality of San German and its Mayor co-defendant Negron claiming that the reason Llantin did not receive his monetary benefits was because of his political affiliation. Defendant Negron moved to dismiss plaintiffs' § 1983 claim arguing — inter alia — that it is time-barred inasmuch as the one-year limitations period expired well before the complaint's filing date. (Docket No. 4.) Defendants then filed a second Motion to Dismiss claiming that plaintiffs were not entitled to relief. (Docket No. 10.) Both motions were referred to Magistrate Judge Velez-Rive for a Report and Recommendation. The Magistrate Judge concluded that the complaint was time-barred and recommends its dismissal. The parties timely filed objections to the Magistrate Judge's findings.
Pursuant to 28 U.S.C. §§ 636(b)(1)(B); Fed.R.Civ.P. 72(b); and Local Rule 503; a District Court may refer dispositive motions to a United States Magistrate Judge for a Report and Recommendation. See Alamo Rodriquez v. Pfizer Pharmaceuticals, Inc., 286 F.Supp.2d 144, 146 (D.P.R.2003). The adversely affected party can "contest the Magistrate Judge's report and recommendation by filing objections `within ten days of being served' with a copy of the order." United States of America v. Mercado Pagan, 286 F.Supp.2d 231, 233 (D.P.R.2003)(quoting 28 U.S.C. §§ 636(b)(1).) If objections are timely filed, the District Judge shall "make a de novo determination of those portions of the report or specified findings ... to which [an] objection is made." Felix Rivera de Leon v. Maxon Engineering Services, Inc., 283 F.Supp.2d 550, 555 (D.P.R.2003). The Court can "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate", however, if the affected party fails to timely file objections," "the district court can assume that they have agreed to the magistrate's recommendation'." Alamo Rodriguez, 286 F.Supp.2d at 146 (quoting Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.1985.))
It is well-settled that the limitations period for § 1983 claims "is governed by the applicable state statute of limitations for personal injury actions, which is one year in Puerto Rico". Velazquez-Rivera v. Danzig, 234 F.3d 790, 795 (1st Cir.2000); see P.R. Laws Ann. tit. 31, § 52981. This one year period "begins running one day after the date of accrual, which is the date plaintiff knew or had reason to know of the injury". Benitez-Pons v. Com. of Puerto Rico, 136 F.3d at 54, 59 (1st Cir.1998).
As with the applicable statute of limitation, tolling is also governed by state law. Benitez-Pons, 136 F.3d at 59. Pursuant to Article 1873 of the Puerto Rico Civil Code, the one year period may be tolled by an extrajudicial claim of the creditor, see P.R. Laws Ann. tit. 31, § 5303 (2001), but to be effective, it must be addressed to the same party later sued and request the same relief later sought in court. Benitez-Pons, 136 F.3d at 59-60.
The Magistrate Judge concluded that there is clearly in excess of a one-year gap between the acts described in the complaint and its filing date. (Docket No. 35 at 4.) Furthermore, that plaintiffs failed to submit any discourse of applicable tolling of their claim or even expostulate any action on their part with the defendants from which the one-year statute of limitation could survive the passing of almost four years since the events alleged and the complaint's filing date. (Id. at 5.) Lastly, the Magistrate Judge concluded that there was no continuing violation inasmuch as one event or action does not stall the limitations period simply because plaintiffs feel they continue to suffer the adverse effects of that one event or action. (Id. at 5-6.)
Plaintiffs object to the Magistrate Judge's findings alleging that they became aware of the discriminatory refusal to pay only after they received no answer to the several written communications they sent to co-defendant Negron. Furthermore that their claim is not time-barred inasmuch as the one year period was tolled several times by each written communications they sent to the defendants. Finally, plaintiffs contend that because there has been no answer to their claims, or an explanation as to why the delay in paying Llantin's benefits, there has been no single act but rather a continued pattern of discrimination, therefore, they claim the continuing violation exception applies.
In the present case, plaintiffs made a request for the money owed to Llantin in early 2001. Assuming that they became aware of the injury — defendants' alleged politically discriminatory refusal to pay — in late 2001, the complaint would be time-barred given that at least three years passed since their knowledge of the injury and the filing of the complaint. Accordingly, we concur with the Magistrate Judge's conclusion that this claim was filled well-past the one year statutory period.
At to the tolling argument, a detailed review of the record and pleadings reveals it is devoid of any allegation as to when plaintiffs sent the claimed communications to defendants and what were their contents. In order for an extrajudicial claim to effectively toll the limitations period it must be sent to the same party later sued and request the same relief later sought in court. See Benitez-Pons, 136 F.3d at 59-60. Plaintiffs fail to put the Court in a position to make such determinations given that the record lacks information as to whom were these communications addressed to and what were the requests made or reliefs sought therein. The only communication sent that is clearly supported by the pleadings is the one Llantin claims the Comptroller sent to Negron sometime in 2002. This extrajudicial claim does not toll plaintiffs claim for several reasons. First, it does not seek the same relief plaintiffs request in their § 1983 claim, i.e.-damages for defendants unconstitutional actions. Second, it was sent by a third party and by not plaintiffs. Third and last, even in we could consider that this 2002 letter tolled the one year period, plaintiffs would have had to file their suit by 2003 at the latest and failed to do so. Accordingly, these alleged communications did not toll the one year period.
Finally, we agree with the Magistrate Judge's conclusion that the continuing violation exception in inapplicable to the case at bar. As the Magistrate accurately stated, there is a critical distinction between continuing actions and a singular act that brings continuing consequences. See Gilbert v. City of Cambridge, 932 F.2d 51, 59 (1st Cir.1991); See also Dziura v. U.S., 168 F.3d 581, 583 (1st Cir.1999). Plaintiffs contend that since there has been no answer to their written requests there exists a continuous pattern of discrimination. Plaintiffs, however, overlook the fact that defendants' failure to answer is but one action that has had continuing consequences. The continuing violation exception applies when successive acts cause the injury and not when one act causes a continued injury. See Johnson v. Rodriguez, 943 F.2d 104, 108 (1st Cir.1991). There being no continued act of discrimination, there is no continuing violation to toll the limitations period.
In sum, the complaint is time is time-barred and should be dismissed. We need not go further2.
For the foregoing reasons, the Court APPROVES and ADOPTS IN PART the Magistrate Judge's R & R and dismisses the Complaint with prejudice.
IT IS SO ORDERED.
REPORT AND RECOMMENDATION
Plaintiff Isaac Llantín Ballester was the mayor of the Municipality of San Germán from the years 1997 through 2000 as the New Progressive Party won the year 1996 elections. Co-defendant Hon. Isidro A. Negrón Irizarry, as the Popular Democratic Party candidate, was elected mayor of said municipality in the general elections of...
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