Panzardi-Santiago v. University of Puerto Rico

Decision Date19 March 2002
Docket NumberNo. CIV. 95-2316(CCC/ADC).,CIV. 95-2316(CCC/ADC).
Citation200 F.Supp.2d 1
PartiesNadja Linette PANZARDI-SANTIAGO et al Plaintiffs v. UNIVERSITY OF PUERTO RICO et al Defendants
CourtU.S. District Court — District of Puerto Rico

Fernando Gallardo, Woods & Woods, San Juan, PR, for plaintiff.

Julio Nigaglioni-Arrache, Cancio, Nadal, Rivera, Diaz, San Juan, PR, Federal Litigation Division, Puerto Rico Department of Justice, San Juan, PR, for defendant.

OPINION AND ORDER

DELGADO-COLON, United States Magistrate Judge.

Pursuant to 28 U.S.C. § 636(c) the parties have consented to final entry of judgment by a United States Magistrate Judge. See also Local Rule 505(3). An Order of Reference was entered on March 1, 1999 (Docket No. 82). The parties have filed numerous motions raising a variety of issues, all of which will be addressed by the Court.

I. Procedural Background.

Plaintiffs filed suit on October 26, 1995 against the University of Puerto Rico Mayaguez campus, AB Insurance Co., the Commonwealth of Puerto Rico, BC Insurance Company, John Doe and Richard Roe (Docket No. 1). Plaintiff, Nadja Linette Panzardi-Santiago; her parents, Santiago Panzardi-Alvarez and Ana Hilda Santiago-Figueroa; and her sisters, Yilda Panzardi-Santiago and Gisela Panzardi-Santiago alleged the defendants violated Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 121321, et seq. (ADA) and Article 1802 of the Civil Code of Puerto Rico.2 Plaintiffs demand a trial by jury. To date, AB Insurance Co., BC Insurance Company, John Doe and Richard Roe3 have not been served.

The University of Puerto Rico and the Commonwealth of Puerto Rico answered the complaint on April 15, and 22, 1996, respectively (Docket Nos. 13, 14). Plaintiffs then filed an amended complaint which eliminated the University of Puerto Rico Mayaguez campus as a party defendant. The amended complaint also added a claim that the defendants violated Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 7944 et seq. (Rehabilitation Act). The University of Puerto Rico ("UPR") and the Commonwealth of Puerto Rico ("Commonwealth") answered the amended complaint (Docket Nos. 32, 33). Thereafter, the UPR and the Commonwealth moved to dismiss the claim premised upon Article 1802 of the Civil Code of Puerto Rico (Docket Nos. 66, 86). After the Court granted the Commonwealth's motion, plaintiffs agreed to voluntarily dismiss their Article 1802 claim against the UPR (Docket Nos. 72, 94). However, plaintiff Nadja Linette Panzardi-Santiago ("Panzardi") currently seeks to reinstate the Article 1802 claim (Docket No. 96). The remaining plaintiffs do not seek reinstatement as they concede that their claims are barred by the limitation period. See Docket No. 96, p. 5.

Panzardi seeks injunctive relief ordering the UPR and the Commonwealth of Puerto Rico to cause changes to the facilities at the UPR-Mayaguez (RUM) campus making them readily accessible and usable by qualified individuals with disabilities. Panzardi also seeks monetary damages of $500,000 under Title II of the ADA and the Rehabilitation Act, as well as compensatory damages of $400,000 under the Rehabilitation Act. As to the negligence claim brought pursuant to Article 1802 of the Civil Code of Puerto Rico, Panzardi seeks damages of $2,000,000.

The motions and responses filed with the Court raise the following issues:

1. Whether the defendants' sovereign immunity through the Eleventh Amendment was validly abrogated in Title II of the Americans with Disabilities Act (Docket Nos. 110, 112, 113, 115, 116, 123, 125).

2. Whether Panzardi establishes a prima facie case under the ADA and the Rehabilitation Act (Docket Nos. 100, 105).

3. Whether Panzardi is entitled to compensatory damages or punitive damages under the ADA (Docket No. 98, 100, 105).

4. Whether Panzardi has a right to a jury trial (Docket Nos. 86, 94, 96, 98, 105).

5. Whether Panzardi has raised a viable claim against the UPR under Article 1802 of the Puerto Rico Civil Code (Docket No. 86, 94, 96, 97).

On March 14, 2000, an Order was entered holding in abeyance outstanding motions pending the decision of the United States Supreme decision in Kimel v. Florida Board of Regents (Docket No. 119). The stay was continued on May 23, 2000, as issues raised continued to be considered by the United States Supreme Court in University of Alabama Board of Trustees v. Garrett (Docket No. 126). The Court now lifts the stay as decisions have been rendered in both Board of Trustees of Univ. of Alabama v. Garrett, 531 U.S. 356, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001) and Kimel v. Florida Bd. of Regents, 528 U.S. 62, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000).

Numerous issues have been raised by the parties. However, because the UPR and the Commonwealth raised the issue of Eleventh Amendment immunity, it must be determined first, inasmuch as the Eleventh Amendment deprives federal courts jurisdiction to entertain claims against the states.

II. Facts

Plaintiff Nadja Linette Panzardi-Santiago ("Panzardi") was born on October 27, 1973, and diagnosed with multiple sclerosis in 1987 (Docket No. 100, Nadja Panzardi Dep. pp. 9, 16). She has used a wheelchair to ambulate since October 1991. Id. at 19. Upon graduating from high school, Panzardi was admitted for the academic year 1991-1992 to the Engineering Transfer Program of the Regional Technological College of Bayamón. which is a unit of the UPR (Docket No. 25, para. 9). Panzardi's advisors at Bayamón were aware of her physical condition (Docket No. 100, Nadja Panzardi Dep. p. 74). Panzardi planned to continue her education at the UPR Mayaguez campus, also known as "RUM." Id. at 21. In March of 1993, after completing two years at Bayamón Panzardi completed and submitted a transfer application to RUM (Docket No. 25; Docket No. 105, App. B, p. 24).

She visited the RUM campus during Holy Week, which ran from April 4, 1993 (Palm Sunday) to April 11, 1993 (Easter Sunday) accompanied by her parents and a friend (Docket No. 100, Nadja Panzardi Dep. p. 32). During this period of time the campus was closed and had ceased operations temporarily. During the four-hour visit Panzardi encountered architectural barriers which impeded her mobility to ambulate about the campus. Id. at 30, 33. For example, Panzardi had difficulty using a bathroom, the handicap parking space was used by someone without a handicapped parking sticker, numerous campus buildings were inaccessible as there were no access ramps, the elevator was not level with the floor, tables were too high, doorways too narrow, and State Road 108 which divides the Mayaguez Civil Engineering School from the other campus facilities had no ramps or walkways. Id. at 33-35, 85-88.

While visiting RUM Panzardi and her family saw Dr. Norma Saldaña, Assistant Professor of Engineering, and asked her to unlock the industrial engineering building —which she did. Id. at 35, 77. Saldaña showed the group around the building. Id. at 77. They did not, however, discuss accommodations that could be provided to students with disabilities. Id. at 78.

After visiting RUM Panzardi determined there were barriers that impeded her from attending school there and she decided to apply to the University of Maryland (Docket No. 105, App. B, p. 25). Panzardi did not contact the dean of student affairs or anyone else regarding the architectural barriers that she encountered at RUM (Docket No. 100, Nadja Panzardi Dep. p. 42). She applied for enrollment at the University of Maryland on April 26, 1993, by sending a confirmation of enrollment and $100 (Docket No. 100, para. 9; Ex. 13). On May 10, 1993, after enrolling at the University of Maryland, Panzardi was notified by RUM that her application for external transfer to the Civil Engineering Department was favorably recommended for the First Semester 1993-1994 and that she should contact said department prior to May 28, 1993 (Docket No. 101, Ex. 41).

In the meantime, as a result of the chance meeting between Dr. Saldaña and Panzardi, Saldana gave her engineering students an assignment of documenting the accessibility and/or architectural barriers at RUM (Docket No. 100, Jt. Ex. 2). On May 28, 1993, Dr. Saldana corresponded with Mr. Rufino Matos, head of the Equal Employment Opportunity Office at RUM, and provided to him copies of her students' reports. Id. During this same time the Registrar's Office continued to correspond with Panzardi regarding preregistration of classes (Docket No. 101, Ex. 40, letter dated May 27, 1993). On June 2, 1993, over a month after Panzardi had submitted her enrollment to the University of Maryland, Dr. Saldana wrote to Panzardi wishing her success, telling her that she had left a mark on the campus and advising her that Director Alejandro Ruiz-Acevedo was interested in removing the architectural barriers at the campus. Panzardi testified that she decided not to enroll at RUM based upon the barriers she encountered during her visit and the letter she received from Saldaña (Docket No. 100, Nadja Panzardi Dep. p. 43).

According to Panzardi, based upon her opinion that she would be unable to study at RUM, she and her parents moved to Maryland so that she could study engineering at the University of Maryland (Docket No. 100, Nadja Panzardi Dep. p. 43-46, 48). Panzardi and her family returned to Puerto Rico after one year because of the harsh environmental conditions and economic pressures. Id. at 50. Upon her return to Puerto Rico Panzardi determined that RUM continued to be inaccessible although she did not personally visit the campus or seek enrollment. Id. at 54-55. Panzardi instead chose to study management at Colegio Universitario Tecnologico de Bayamon where in May 1997, she received a bachelor's degree in Material Management. Id. at 13. She has not considered reapplying to RUM. Id. at 60.

III. Analysis
A. Legal Standard—Summary Judgment

A motion for summary judgment is appropriate when "the pleadings,...

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