Rivera-Delgado v. Chardon
| Decision Date | 26 March 2013 |
| Docket Number | Civil No. 12–1450 (FAB). |
| Citation | 932 F.Supp.2d 282 |
| Parties | Dr. Melba RIVERA–DELGADO, et al., Plaintiffs, v. Carlos CHARDON, et al., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
OPINION TEXT STARTS HERE
Eduardo A. Vera–Ramirez, Eileen Landron–Guardiola, Luis A. Rodriguez–Munoz, Landron & Vera LLP, Guaynabo, PR, for Plaintiffs.
Idza Diaz–Rivera, P.R. Department of Justice–Federal Litigation, San Juan, PR, Ivan M. Castro–Ortiz, Aldarondo & Lopez Bras, Guaynabo, PR, for Defendants.
Before the Court is: (1) the motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) (“Rule 12(b)(1)”) 2 and 12(b)(6) ( “ Rule 12(b)(6)”) filed by defendants Carlos Chardon (“defendant Chardon”) and Eleuterio Alamo (“defendant Alamo”), and (2) the motion to dismiss pursuant to Rule 12(b)(1) and 12(b)(6) filed by defendant Edward Moreno (“defendant Moreno”), (collectively “defendants”). (Docket Nos. 7 & 26.) Having considered the arguments in the motions to dismiss and the opposition by plaintiff Dr. Melba Rivera Delgado (“plaintiff Rivera”) and her children (collectively “plaintiffs”), (Docket No. 28), the Court GRANTS IN PART and DENIES IN PART defendants' motions for the reasons discussed below.
I. BACKGROUNDA. Procedural History
On June 8, 2012, plaintiffs filed a complaint seeking damages from defendant Chardon in his individual capacity, defendant Odette Piñeiro (“defendant Piñeiro”) in her individual capacity, defendant Jesus Rivera–Sanchez in his individual capacity, defendant Moreno in his official and individual capacity, defendant Elia Colon–Berlingeri in her individual capacity, and defendant Alamo in his individual capacity. (Docket No. 1.) Pursuant to 42 U.S.C. § 1983 (“section 1983”), plaintiff Rivera asserted claims of due process violations pursuant to the Fifth and Fourteenth Amendments to the United States Constitution and political discrimination pursuant to the First Amendment of the United States Constitution. Id. Additionally, plaintiff Rivera brings actions against the same defendants for violations of Article II, the Bill of Rights, of the Constitution of the Commonwealth of Puerto Rico, as well as article 1802 of the Puerto Rico Civil Code. Laws of P.R. Ann. tit. 31 § 5141. Id. Plaintiff Rivera's children claim entitlement to relief from emotional and mental distress pursuant to article 1802 of the Civil Code. Id.
Defendant Moreno, in his individual capacity only, filed a motion to dismiss pursuant to Rule 12(b)(1) and Rule 12(b)(6) on December 7, 2012, claiming that the Court does not have jurisdiction and should refrain from hearing the case pursuant to the Younger abstention doctrine; that the statute of limitations bars plaintiffs' claims; that the Fifth Amendment claims are inapplicable to the defendants because they are not federal government actors; and that there is no due process violation because plaintiffs are not entitled to a pre-suspension hearing. (Docket No. 7.) Defendants Chardon and Alamo filed a motion to dismiss pursuant to Rule 12(b)(1) and Rule 12(b)(6) on January 16, 2013, alleging the same grounds for dismissal. (Docket No. 16.) Plaintiffs filed an opposition to both motions on January 30, 2013, arguing that Younger abstention does not apply; that the statute of limitations was tolled; that the due process claim was brought pursuant to both the Fifth Amendment and the Fourteenth Amendment because it is unclear if Puerto Rico is treated as a state or a federal territory; and that due process does require a pre-suspension hearing. (Docket No. 28.)
B. Factual Background
In her complaint, plaintiff Rivera alleges the following facts, which the Court accepts as true for the purpose of resolving defendants' motions to dismiss:
Plaintiff Rivera is widely known as a member of the Popular Democratic Party (“PDP”) in Puerto Rico; she ran for Mayor of Canovanas as the PDP candidate in 1996 and 2000. (Docket No. 1 at p. 5.) She continues to be a vocal member of the PDP party, frequently participating in political activities, donating to the PDP party, and belonging to the PDP employees' associations. Id. Everyone at the Department of Education knows her as a political activist and leader for the PDP party. Id. at pp. 5–6.
Plaintiff Rivera has worked in education for twenty-eight years, as a teacher, guidance counselor, school director, and, as of 2003, superintendent. Id. Plaintiff Rivera's current title is Superintendent IV with the Department of Education, though she has been informed that the same position is now classified as Superintendent V.3Id. at p. 6. The superintendent position is a career position. Id. On July 28, 2009, plaintiff Rivera received a letter from defendant Moreno, an Associate Secretary of Education, directing her “to report in detail (‘destaque’) as Director of the Conchita Cuevas School in Gurabo.” Id. Plaintiff Rivera alleges that this was part of defendant Chardon's effort, as a member of the New Progressive Party (“NPP”) and Secretary of Education at that time, to remove people from their positions within the Department of Education and replace them with members of the NPP. Id. at pp. 3 & 6.
Plaintiff Rivera formally lodged a complaint with the Public System Appeals Commission, disputing her detail to the position of school director. Id. at p. 7. She also formed an organization, ODAE, made up of other affected superintendents, to dispute the detail orders publicly. Id. As part of this campaign, she made radio and television appearances and wrote letters to defendant Chardon and defendant Piñeiro, another NPP member who became the Secretary of Education in December 2009. Id. at pp. 3 & 7. During these efforts, plaintiff Rivera continually alleged that the detail orders were a result of the NPP's attempt to replace current Department of Education leaders with NPP members, that there was no real need for her to be installed as a school director, and that no efforts were made to assign her superintendent duties to other employees. Id. at pp. 7–8.
Although she publicly spoke out against the detail, plaintiff Rivera complied with the detail order and continued to tend to her duties as a superintendent. Id. at p. 8. Plaintiff Rivera alleges that defendant Chardon told her he was watching her and did not think she was trustworthy because of her PDP membership. Id. at p. 9. She further contends that defendant Chardon harassed her, that he made defendant Alamo and others track her activities throughout the day, and that defendant Alamo carried out a search and seizure at her office. Id. at pp. 9–10.
Unlike plaintiff Rivera, superintendents who were members of the NPP party were allowed to disregard the director details and retain their positions as superintendents. Id. at p. 10. Members of the NPP party who disregarded the detail orders were not sanctioned and some, in fact, were promoted. Id. On February 25, 2010, defendant Piñeiro, then the Secretary of Education and a member of the NPP party, handed plaintiff Rivera a sanction letter “in which she immediately and indefinitely suspended the plaintiff from work while an investigation was conducted.” 4Id. at pp. 11–12. The suspension is still in effect. Id. at p. 12.
Plaintiff Rivera alleges that she was not given a right to be heard prior to the suspension, and that she was carrying out her assigned duties when she was suspended. Id. Plaintiff Rivera's superintendent duties were then assigned to members of the NPP party, and the school director position she was covering remained open for two years. Id. Plaintiff Rivera requested subsequent Secretaries of Education, defendant Jesus Sanchez and defendant Moreno, to address her suspension, but no action was taken and the internal administrative case remained open. Id. at p. 13.
II. LEGAL STANDARD
Rule 12(b)(6) permits a court to dismiss a complaint that fails to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). When assessing whether a plaintiff's complaint provides “fair notice to the defendants” and states “a facially plausible legal claim,” a court must utilize a two-pronged approach. See Ocasio–Hernandez v. Fortuño–Burset, 640 F.3d 1, 11–12 (1st Cir.2011). First, a court can disregard statements that “offer legal conclusions couched as fact,” because the plaintiff must do more than “parrot the elements of the cause of action.” Id. at 12. Second, a court is bound to treat all “properly pled factual allegations” as true and draw all reasonable inferences in the plaintiff's favor. Id. The Court must base its determination solely on the material submitted as part of the complaint and expressly incorporated within it. See Alt. Energy, Inc. v. St. Paul Fire & Marine Ins. Co., 267 F.3d 30, 33 (1st Cir.2001).
The factual material pled must be sufficient “to raise a right to relief above the speculative level,” and to permit the Court to “draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ocasio–Hernandez, 640 F.3d at 12 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). The Supreme Court has held that a plaintiff's pleading must cross “the line between possibility and plausibility.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 577, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A district court should not attempt to forecast the likelihood of success even if proving the alleged facts is “improbable.” Id. at 556, 127 S.Ct. 1955. A complaint that contains a plausible basis for relief, therefore, “may proceed even if it appears that a recovery is very remote and unlikely.” Id. at 556, 127 S.Ct. 1955 (internal citation omitted). The Court will draw “on its judicial experience and common sense” in evaluating the complaint's plausibility. Grajales v. P.R. Ports Auth., 682 F.3d 40, 44 (1st Cir.2012) (internal citation omitted).
III. DISCUSSION
Although defendants Chardon, Alamo and Moreno filed separate motions to dismiss, the arguments are nearly...
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