Pica-Hernandez v. Irizarry-Pagan
| Decision Date | 01 December 2009 |
| Docket Number | Civil No. 08-1184 (JAG)(JA). |
| Citation | 671 F.Supp.2d 289 |
| Parties | Ángel PICA-HERNÁNDEZ, Plaintiff v. Marcos A. IRIZARRY-PAGÁN, in his official and personal capacity as Mayor of the Municipality of Lajas, Iván Ortiz-Espinoza, in his personal and official capacity as Administrator of the Municipality of Lajas, José Puyarena-Acosta, in his official and personal capacity as "de-facto" Administrator of the Municipality Cementery of Lajas, Manuel Silva-Vélez, in his official and personal capacity as Tax Collector for the Municipality of Lajas, and Municipality of Lajas, Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
JUSTO ARENAS, United States Chief Magistrate Judge.
On February 12, 2008, the plaintiff Ángel Pica-Hernández filed this complaint pursuant to 42 U.S.C. § 1983 for the alleged deprivation of rights, privileges and immunities secured by the First and Fourteenth Amendments of the United States Constitution, as well as for violations of rights guaranteed by the Puerto Rico Constitution, Article II, Section 1; and Articles 1802 and 1803 of the Puerto Rico Civil Code, Puerto Rico Laws Annotated, Title 31, Sections 5141 and 5142. (Docket No. 1.) A motion for summary judgment was filed on behalf of all defendants on April 23, 2009. (Docket No. 45.) The plaintiff filed a memorandum in opposition to summary judgment on May 12, 2009, (Docket No. 57), to which defendants replied on June 10, 2009. (Docket No. 69.) For the reasons set forth below defendants' motion is GRANTED.
Plaintiff Ángel Pica Hernández is an independent contractor who performs work at the Municipal Cemetery of the Municipality of Lajas. (Docket No. 54-5, at 5.) On September 3, 2003, the Municipality enacted Ordinance 6 in order to regulate the administration and functioning of the Cemetery. In part, Ordinance 6 created a Registry of Independent Contractors. (Docket No. 45-4, at 1, 4.) On September 5, 2003, the Municipality enacted Ordinance 12 in order to regulate the Registry. (Docket No. 45-5, at 1.) In order to be included on the Registry, an independent contractor must be certified by an evaluating board, and keep certain information updated. (Docket Nos. 83-2 83-3, 45-11.) The independent contractors who are admitted to the Registry are not municipal employees, nor do they have a direct contractual relationship with the Municipality. (Docket No. 57-2, at 2, ¶ 6.) Rather, the independent contractors become certified to perform work at the Cemetery upon compliance with certain requirements. (Id.) In turn the independent contractors contract their services directly with third parties who wish to bury deceased persons in the Cemetery. (Id.)
In 2004 Pica sought, and received, certification as an independent contractor at the Cemetery. (Docket No. 83-2.) However, as an independent contractor Pica experienced some difficulty performing his work at the Cemetery. One such difficulty occurred in June or July of 2007 when Pica attempted to renew his municipal patent. (Docket No. 54-11.) One of the requirements Ordinance 12 imposes upon an independent contractor who wishes to work in the Cemetery is that he "accredit the payment of his municipal patent". (Docket No. 45-4, at 5, ¶ 4.) When Pica attempted to renew his patent it was denied by do-defendant Manuel Silva-Vélez. (Docket No. 54-11, at 2-3.) Silva denied the patent because Mayor Marcos A. Irizarry-Pagán had instructed him not to grant the patent at that time. (Id.) However, Pica was eventually given the patent and continued to work at the Cemetery. (Docket Nos. 54-5, at 28, 54-10.)
As a registered independent contractor Pica was included in a "registry of turns". The "registry of turns" is used at the Cemetery to ensure that tombs are readily available for the burial of deceased individuals whose families did not make arrangements to secure a lot prior to their deaths. (Docket Nos. 45-18, at 4, ¶ 8, 54-4, at 18-19.) In order for the "registry of turns" to operate effectively, independent contractors are assigned lots on which to prepare graves; these prepared graves are referred to as "fosas de turno". (Docket No. 45-18, at 4, ¶ 8.) When a deceased person arrives at the Cemetery without prior arrangements, he is buried in a "fosa de turno". In order to decide which "fosa de turno" will be used, a list of the registered independent contractors is kept. (Id.) As the deceased arrive for burial, the "fosa de turno" of the next independent contractor on the list is used. (Id.) However, if an independent contractor has not completed a "fosa de turno" when his name comes up on the list, his turn is skipped. (Id.) He thus loses his turn to the next contractor on the list.
On August 9, 2007, co-defendant José Puyarena-Acosta became administrator of the Cemetery. (Docket No. 45-20, at 3, ¶ 3.) While Puyarena acted as administrator, co-defendant Iván Ortiz acted as groundskeeper at the Cemetery. After Puyarena became administrator, Pica's turn on the registry of turns was skipped because Ortiz and Puyarena refused to give him lots on which to prepare "fosas de turno". (Docket No. 54-5, at 20-22.) Pica further was told by Puyarena that any contracting between him and a prospective client had to be done in Puyarena's presence. (Docket No. 83-5 at 11.)
In the late summer of 2007, the Municipality engaged in the process of renewing the certification of independent contractors who worked at the Cemetery. (See Docket No. 45-11, dated Aug. 13, 2007.) As part of this renewal process the Municipality required all independent contractors to provide up-to-date copies of the documents required by Ordinance 6, Article V. (Docket Nos. 45-4, at 10, 45-11.) Puyarena wrote a letter to Pica informing Pica that he needed to submit certain documents within 20 days. (Docket No. 45-11.) Pica denies receiving the letter. (Docket No. 57-2, at 5, ¶ 21.) A meeting was later held at the Cemetery during which the defendants claim independent contractors were told about the document renewal requirements. (Docket No. 45-13.) Pica did not attend the meeting; instead he sent Matías Seda-Vélez as his proxy. (Docket No. 54-5, at 7-9.) Pica claims Matías Seda-Vélez never informed him of the need to submit any documents to the Registry. (Docket No. 54-5, at 10.) Matías Seda-Vélez denies he was informed that Pica needed to submit renewal documents. (Docket No. 83-6.)
In any event, Pica did not submit the required renewal documentation by the established guideline, or request an extension of time to do so. (Docket Nos. 45-14, 54-4, at 11-12.) As a result he was removed from the Registry on September 18, 2007. (Docket No. 45-14.) Following his removal from the Registry Pica attempted three times to gain reinstatement by writing letters to the Mayor. (Docket Nos. 83-11, 83-12.) After filing the required documents, Pica was re-admitted to the Registry on November 6, 2008. (Docket No. 54-6.)
During the 2003 Popular Democratic Party (PDP) primaries Pica supported Mr. César Corales-Cotti who ran in opposition to the Mayor. (Docket No. 1, at 4, ¶ 13.) Plaintiff ran for the position of assemblyman for the PDP under the César Corales-Cotti ticket in 2003. (Id.) Following Mr. Cotti's defeat plaintiff began to support the mayoral candidate from the New Progressive Party, Leo Cotti-Torres in his campaign against the Mayor. (Id. ¶ 14.)
Pica met with the Mayor "some time after the November 2004 elections were held." (Id. ¶ 16.) Pica claims that during this meeting the Mayor said to him (Docket No. 83-5, at 10.) The Mayor does not recall meeting with Pica, although he does acknowledge that he has seen Pica campaigning for César Corales-Cotti. (Docket No. 83-9, at 9.)
In 2008, Pica once again ran for the position of assemblyman on the César Corales-Cotti ticket. (Id. at ¶ 13.) Pica filed his Notification of Intention to run as assemblyman in the 2008 election on June 15, 2007. (Docket No. 83-13.)
Summary judgment is appropriate when "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). To succeed on a motion for summary judgment, the moving party must show that there is an absence of evidence to support the nonmoving party's position. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "Once the moving party has properly supported [its] motion for summary judgment, the burden shifts to the nonmoving party, with respect to each issue on which [it] has the burden of proof, to demonstrate that a trier of fact reasonably could find in [its] favor." Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir.2000) (quoting DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir.1997)).
The court must view the facts in a light most hospitable to the nonmoving party, drawing all reasonable inferences in that party's favor. Patterson v. Patterson, 306 F.3d 1156, 1157 (1st Cir.2002) (quoting Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990)). A fact is considered material if it has the potential to affect the outcome of the case under applicable law. Nereida-González v. Tirado-Delgado, 990 F.2d 701, 703 (1st Cir.1993). The court must determine whether either party is entitled to judgment as a matter of law on...
To continue reading
Request your trial
-
Ramos-Borges v. P.R., P.R. Health Dept.
...issues of material fact and eliminating the problem of the court having 'to ferret through the Record.' " Pica-Hernández v. Irizarry-Pagán, 671 F.Supp.2d 289, 293 (D.P.R.2009) (quoting Domínguez v. Eli Lilly & Co., 958 F.Supp. at 727). "Any statement of fact provided by any party which is n......
-
Morales–torrens v. Noreste
...conclude that Plaintiff met his burden of establishing a prima facie case of political discrimination.1 See Pica–Hernandez v. Irizarry–Pagan, 671 F.Supp.2d 289, 296 (D.P.R.2009). Even assuming that Plaintiff was able to meet the first prong of a prima facie case, he would not fare better on......
-
Cana-Gonzalez v. Autonomous Municipality Carolina
...only for underlying, identifiable constitutional violations attributable to official municipal policy"); Pica-Hernández v. Irizarry-Pagán, 671 F.Supp.2d 289, 300 (D.P.R. 2009) ("With no injury inflicted[,] the Municipality cannot be subject to any liability"). Supplemental jurisdiction clai......