Quiñones-Irizarry v. CorporacióN Del Fondo Del Seguro Del Estado

• Decision Date: 29 June 2017
• Docket Number: Civil No. 16-2882 (FAB).
• Citation: 257 F.Supp.3d 206
• Parties: Michael Abid QUIÑONES–IRIZARRY, Plaintiff, v. CORPORACIÓN DEL FONDO DEL SEGURO DEL ESTADO, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

257 F.Supp.3d 206

Michael Abid QUIÑONES–IRIZARRY, Plaintiff,

v.CORPORACIÓN DEL FONDO DEL SEGURO DEL ESTADO, et al., Defendants.

Civil No. 16-2882 (FAB).

United States District Court, D. Puerto Rico.

Signed June 29, 2017

Roberto O. Maldonado-Nieves, Roberto O. Maldonado Nieves Law Office, San Juan, PR, for Plaintiff.

Javier A. Vega-Villalba, Weinstein-Bacal, Miller & Vega, P.S.C., Old San Juan, PR, Karen Rivera-Lebron, State Insurance Fund Corp., San Juan, PR, Luis E. Pabon-Roca, Faccio & Pabon Roca, San Juan, PR, Peter W. Miller, Weinstein-Bacal, Miller & Vega, P.S.C, San Juan, PR, for Defendants.

OPINION AND ORDER¹

FRANCISCO A. BESOSA, UNITED STATES DISTRICT JUDGE

BESOSA, District Judge.

Before the Court is defendant Liza Estrada-Figueroa's ("Estrada") motion to dismiss plaintiff Michael Abid Quiñones-Irizarry's ("Quiñones") complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (" Rule 12(b)(6)"). (Docket No. 21.) For the reasons set forth below, the motion to dismiss is GRANTED. Furthermore, Quiñones's claims against remaining defendants Corporación del Fondo del Seguro del Estado ("CFSE") and María Carrión-Cancel ("Carrión") are dismissed sua sponte pursuant to Rule 12(b)(6). For the reasons set forth below, the Court dismisses the complaint in toto . Insofar as Quiñones has asserted a Fifth Amendment claim against the defendants, the claim is dismissed with prejudice. Quiñones is granted leave to amend the remainder of his complaint. The amended complaint must be filed no later than July 14, 2017.

I. BACKGROUND

Quiñones claims that he suffered workplace harassment and discrimination because of his political views. (Docket No. 1.) Quiñones began working for CFSE in 1998. Id. at p. 4. He was an administrative assistant at the CFSE Utuado office. Id. He held this position since 2011 until he took his seat once elected to the Puerto Rico House of Representatives. Id. Quiñones identifies himself as an active member of the New Progressive Party (in Spanish, Partido Nuevo Progresista or "PNP"). Id. at p. 4–5. On January 2, 2013,² Alejandro García-Padilla ("García") became the Governor of Puerto Rico.³ Id. at p. 6. Former Governor García is a member of the Popular Democratic Party (in Spanish, Partido Popular Democrático or "PPD"); he selected Estrada to serve as the CFSE Administrator. Id. Estrada named defendant Carrión as regional director of the CFSE Arecibo office. Id. Both Estrada and Carrión are members of the PPD. Id.

Quiñones predicates his complaint on conduct that allegedly began in January 2013. This conduct pertains to a series of ignored communications, various occurrences at the office, disciplinary actions, and a purported disclosure of confidential documents.

Quiñones alleges that the defendants responded inadequately to numerous communications. For instance, the defendants failed to respond to Quiñones's requests for specific employment duties. Id. at p. 7. On several occasions, Quiñones asserts that he requested that Carrión transfer him to the Arecibo Regional Office, but Carrión did not respond. Id. Quiñones also alleges, however, that Carrión did respond to his transfer request by acknowledging that she knew his political affiliation, confirming that she would determine whether transfer would be possible, ensuring that she would contact the Chief of Security Services, and stating that she believed transfer would be difficult.⁴ Id. at p. 9. Quiñones claims to have received no additional information from Carrión regarding his transfer request. Id.

Quiñones further avers that Carrión took a series of actions against him that substantiate the causes of action asserted in the complaint. By way of example, Quiñones alleges that he once arrived at work and learned, from an unidentified source, that Carrión had ordered Quiñones's belongings moved to a different desk in an area of the office with a camera in the ceiling. Id. at p. 8. Carrión then purportedly directed Emma Rivera-Campos ("Rivera"), a member of the PPD, to occupy Quiñones's former desk. Id.

Quiñones also alleges that he used to have access to the keys to the Utuado office when supervisors were absent. Id. at p. 9. Since January 2013, however, Carrión insisted that Rivera receive the office keys in the supervisor's absence. Id. Unidentified CFSE employees allegedly informed Quiñones that Carrión pressured employees "to try to find reasons to proceed against Quiñones under color of authority to push him out of the CFSE for political reasons." Id. at p. 11. According to Quiñones, Carrión instructed supervisors to withhold work assignments from Quiñones. Id. Carrión excluded Quiñones from a staff meeting. Id. During an ethics seminar, Carrión made comments that Quiñones interpreted as suggesting that Quiñones was corrupt. Id. at p. 12.

On July 3, 2015, Quiñones received a document signed by Estrada regarding CFSE's intent to terminate his employment. Id. Quiñones challenged his termination and attended a hearing on July 31, 2015 and August 14, 2015. Id. On June 5, 2016, Quiñones won a primary election, and became the PNP's candidate for representative of the 22nd district of Puerto Rico. Id. Five days later, he received a document signed by Estrada, informing him of CFSE's decision to suspend his employment for thirty days without pay instead of termination. Id. Quiñones provides no details regarding the events prompting the employment decisions made by CSFE.

The documents Quiñones received regarding his employment were allegedly confidential, but someone published the documents on the internet. Id. at p. 13. Namely, an unidentified individual disclosed the documents on the Facebook social networking website. Id. Quiñones contends that Estrada and CFSE were responsible for maintaining the confidentiality of these documents. Id. Quiñones, nonetheless, does not allege that either Estrada or CFSE disclosed the confidential documents. Id. These documents were published on a Facebook page entitled "Abid Aflac Quiñones," which Quiñones claims was created to "shame and attack the reputation, dignity, integrity, private and family life of the Plaintiff." Id. Quiñones's written request to Estrada for an investigation regarding the published documents remains unanswered. Id at p. 14.

Aside from describing the bases for his conflict with Carrión, Quiñones also describes events that seemingly bear no relation to any defendant. For instance, Quiñones alleges that personnel from the Arecibo Regional Office performed supervisory duties while his supervisors were unavailable, even though he is capable of performing these duties. Id. at p. 10. When administrative and supervisory employees from the Arecibo Regional Office visited the Utuado Office, these individuals ignored Quiñones and held meetings in Rivera's office with the doors closed. Id. Unidentified employees and members of the PPD allegedly harassed Quiñones because of his political affiliation. Id. His supervisor from the Arecibo Regional Office did not respond to a request for leave. Id. at p. 11.

Quiñones filed a complaint against Estrada, Carrión, and the CFSE on October 27, 2017 for monetary and injunctive relief. (Docket No. 1.) The Court stayed Quiñones's claim as to defendant Carrión.⁵ (Docket No. 15.)

II. LEGAL STANDARD

To survive a Rule 12(b)(6) motion, a complaint must contain sufficient factual material "to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ; Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). The Court adopts a two-step approach when resolving a motion to dismiss. First, the Court "isolate[s] and ignore[s] statements in the complaint that simply offer legal labels and conclusions or merely rehash cause-of-action elements." Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55 (1st Cir. 2012). Second, the Court "take[s] the complaint's well-pled (i.e. , non-conclusory, non-speculative) facts as true, drawing all reasonable inferences in the pleader's favor, and see[s] if they plausibly narrate a claim for relief." Id."The relevant question for a district court in assessing plausibility is not whether the complaint makes any particular factual allegations but rather, whether ‘the complaint warrant[s] dismissal because it failed in toto to render plaintiffs' entitlement to relief plausible.’ " Rodriguez-Reyes v. Molina-Rodriguez, 711 F.3d 49, 55 (1st Cir. 2013) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 569 n.14, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged—but it has not shown—that the pleader is entitled to relief." Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).

III. DISCUSSION

Estrada argues that the Court should dismiss Quiñones's complaint as to her because: (1) the complaint is devoid of plausible constitutional rights violations;⁶ (2) Quiñones lists bare, conclusory allegations; (3) there are no facts supporting a supervisory liability claim against Estrada; (4) Estrada is entitled to qualified immunity; (5) the 42 U.S.C. § 1983 (" section 1983") and supplemental jurisdiction claims are time-barred; and (6) the complaint neglects to establish a valid claim pursuant to Act No. 115 of December 20, 1991 and Articles 1802 and 1803 of the Civil Code of Puerto Rico. (Docket No. 21.)

Having thoroughly reviewed the complaint, the Court is convinced that the complaint fails to satisfy the pleading standard required to survive a Rule 12(b)(6) motion. Accordingly, the complaint is DISMISSED WITHOUT PREJUDICE as to all defendants.

A. 42 U.S.C. § 1983

Section 1983 allows "a private right of action for violations of federally protected rights." Marrero-Gutierrez v. Molina, 491 F.3d 1, 5 (1st Cir. 2007). The Supreme Court has held that section 1983 does not confer substantive rights, "but...