Rzadkowski-Chevere v. Admin. for Child Support
| Decision Date | 18 March 2005 |
| Docket Number | Civil No. 04-1548 (SEC). |
| Citation | 363 F.Supp.2d 1 |
| Parties | Richard RZADKOWSKI-CHÉVERE, Plaintiff v. ADMINISTRATION FOR CHILD SUPPORT ENFORCEMENT, et al., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Maria T. Juan-Urrutia, Escanellas & Juan, San Juan, PR, for Plaintiff.
Pedro J. Varela-Fernandez, Pedro J. Varela Law Office Esquire, San Juan, PR, for Defendants.
Pending before the Court is Co-defendant Administración para el Sustento de Menores'1 (hereinafter "ASUME") motion to dismiss the complaint (Docket # 7). Plaintiff failed to timely oppose Co-defendant ASUME's motion. See Dockets # # 8 & 9. Co-defendant Yolanda Zayas joined ASUME's request (Dockets # # 10 & 11). After carefully considering the parties' filings, as well as the applicable law, we find that Co-defendants' motion must be GRANTED in part and DENIED in part.
Plaintiff was an employee of ASUME from September 1994 until June 2003 (Docket # 1 at ¶ 16). On February 3, 2003 Plaintiff first requested reasonable accommodation (an employment transfer) due to his emotional condition, severe depression (Docket 1 at ¶ 23). Allegedly, his request was followed by a campaign of harassment and discrimination against him due to his alleged disability and the continuous denial of reasonable accommodation for his disability (Docket # 1 at ¶¶ 25-30). Plaintiff was discharged from employment on December 12, 2003 by written communication (Docket # 1 at ¶ 30).2 Plaintiff has filed suit against ASUME and the Secretary of the Department of the Family in her official capacity, Yolanda Zayas. He claims monetary damages, equitable relief (declaratory judgment) and reinstatement for violations to the Americans with Disabilities Act of 1990, 42 U.S.C § 12117(a) ("ADA") and retaliation under Title VII of the Civil Rights Act ("Title VII"). Plaintiff has also asserted supplemental law claims under the laws of the Commonwealth of Puerto Rico. Co-defendants seek dismissal of Plaintiff's monetary claims pursuant to the Eleventh Amendment immunity (Docket # 7).
In assessing whether dismissal for failure to state a claim is appropriate, "the trial court, must accept as true the well-pleaded factual allegations of the complaint, draw all reasonable inferences therefrom in the plaintiff's favor, and determine whether the complaint, so read, limns facts sufficient to justify recovery on any cognizable theory." LaChapelle v. Berkshire Life Ins. Co., 142 F.3d 507, 508 (1st Cir.1998) (citations omitted). "[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-6, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), quoted in Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 654, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999). See also Correa-Martínez v.Arrillaga-Beléndez, 903 F.2d 49, 52 (1st Cir.1990) ().
But "[a]lthough this standard is diaphanous, it is not a virtual mirage." Berner v. Delahanty, 129 F.3d 20, 25 (1st Cir.1997) (quoting Gooley v. Mobil Oil Corp., 851 F.2d 513, 515 (1st Cir.1988)). In order to survive a motion to dismiss, "a complaint must set forth `factual allegations, either direct or inferential, respecting each material element necessary to sustain recovery under some actionable legal theory.'" Id.
In judging the sufficiency of a complaint, courts must "differentiate between well-pleaded facts, on the one hand, and `bald assertions, unsupportable conclusions, periphrastic circumlocution, and the like,' on the other hand; the former must be credited, but the latter can safely be ignored." LaChapelle, 142 F.3d at 508 (quoting Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996)). See also Rogan v. Menino, 175 F.3d 75, 77 (1st Cir.1999). Moreover, Courts "will not accept a complainant's unsupported conclusions or interpretations of law." Wash. Legal Found. v. Mass. Bar Found., 993 F.2d 962, 971 (1st Cir.1993).
I. Eleventh Amendment Immunity
The Eleventh Amendment to the United States Constitution provides:
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
U.S. Const. Am. XI. Although the Eleventh Amendment literally seems to apply only to suits against a State by citizens of another State, the Supreme Court has consistently extended the scope of this Amendment to suits by citizens against their own State. See Bd. of Trustees of the Univ. of Ala. v. Garrett, 531 U.S. 356, 121 S.Ct. 955, 962, 148 L.Ed.2d 866 (2001); see also Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 72-73, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000); Hans v. Louisiana, 134 U.S. 1, 15 10 S.Ct. 504, 33 L.Ed. 842 (1890). Even though the Commonwealth of Puerto Rico is not a state, it enjoys the protection of the Eleventh Amendment. See Jusino Mercado v. Commonwealth of Puerto Rico, 214 F.3d 34, 37 (1st Cir.2000); Ortiz-Feliciano v. Toledo Dávila, 175 F.3d 37, 39 (1st Cir.1999); Futura Development v. Estado Libre Asociado, 144 F.3d 7,12-13 (1st Cir.1998); Culebras Enters. Corp. v. Rivera Ríos. 813 F.2d 506, 516 (1st Cir.1987); Ramírez v. Puerto Rico Fire Servs., 715 F.2d 694, 697 (1st Cir.1983).
The U.S. Supreme Court has established that the Eleventh Amendment protection primarily furthers two goals: the protection of a state's treasury and the protection of its dignitary interest of not being haled into federal court. Fresenius Med. Care Cardiovascular Res., Inc. v. P.R. & the Caribbean Cardiovascular Ctr. Corp., 322 F.3d 56, 61 (1st Cir.2003) (citing Fed. Mar. Comm'n v. S.C. State Ports Auth., 535 U.S. 743, 122 S.Ct. 1864, 152 L.Ed.2d 962 (2002)). However, the Eleventh Amendment immunity may be waived by the state or "stripped away" by Congress. Metcalf & Eddy v. P.R.A.S.A., 991 F.2d 935, 938 (1st Cir.1993). There are four (4) circumstances in which the Eleventh Amendment protection unravels: (1) when a state consents to be sued in a federal forum; (2) when a state waives its own immunity by statute or the like; (3) when Congress abrogates state immunity ("so long as it speaks clearly and acts in furtherance of particular powers"); and (4) when, provided that circumstances allow, other constitutional imperatives take precedence over the Eleventh Amendment's protection. Id. at 938 (citations omitted).
The Eleventh Amendment bar extends to governmental instrumentalities, which are an arm or "alter ego" of the State. See Ainsworth Aristocrat Int'l Pty. Ltd. v. Tourism Co. of P.R., 818 F.2d 1034, 1036 (1st Cir.1987); Ochoa Realty Corp. v. Faría, 618 F.Supp. 434, 435 (D.P.R.1985); Pennhurst State Sch. Hosp. v. Halderman, 465 U.S. 89, 100, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984); Mt. Healthy City Sch. Dist. v. Doyle, 429 U.S. 274, 280-281, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977); Ursulich v. P.R. Nat'l Guard, 384 F.Supp. 736, 737-38 (D.P.R.1974). In addition, the Eleventh Amendment also protects state officials in their official capacity. The rationale behind this extension of the Eleventh Amendment protection is that a claim against a state official in his or her official capacity for monetary relief is an action for the recovery of money from the State. Ford Motor v. Dept. of Treasury, 323 U.S. 459, 65 S.Ct. 347, 89 L.Ed. 389 (1945); Will v. Michigan Dept. of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). Hence, a claim against a state official for monetary relief is, in essence, a claim against the State.
The U.S. Supreme Court requires a two-step analysis in order to determine whether a government institution is an arm or alter ego of the state and thus entitled to immunity under the Eleventh Amendment. Fresenius Med. Care, 322 F.3d at 65 (citing and discussing Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 115 S.Ct. 394, 130 L.Ed.2d 245 (1994)). First, the court must analyze how the state has structured the government institution and, second, if the "structural indicators point in different directions," the risk of the damages being paid from the public treasury should be assessed. Id. at 65-69. The First Circuit has delineated seven (7) areas of further inquiry in order to determine whether the institution in question is in fact an arm of the state: (1) whether the agency has funding to satisfy its own judgments; (2) whether the agency's function is governmental or proprietary; (3) whether the agency is separately incorporated (4) whether the state exerts control over the agency, and if so, to what extent; (5) whether the agency has the power to sue, be sued, and enter contracts in its name; (6) whether the agency's property is subject to taxation; and (7) whether the state has immunized itself from liability for the agency's acts or omissions. Metcalf, 991 F.2d at 939-40.
Finally, the institution or entity asserting Eleventh Amendment immunity bears the burden of proof. Fresenius Med. Care, 322 F.3d at 61. Furthermore, it is well settled that although the Eleventh Amendment bars suit for monetary damages against the state and its officers, it does not preclude claims for prospective equitable relief. See Ex Parte Young, 209 U.S. 123, 155-56, 28 S.Ct. 441, 52 L.Ed. 714 (1908); Nieves-Márquez v. Commonwealth of Puerto Rico, 353 F.3d 108, 123 (1st Cir.2003).
Part of the issue in the case at bar is whether the Department of the Family and consequently, ASUME, are protected by the Eleventh Amendment. In conducting the above-stated inquiry, this District has consistently held that both the Department of the Family and ASUME are "arms of the...
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Rivera-Astacio v. Puerto Rico & Its Agency
...does not protect defendants PPR and the Commonwealth from claims for damages under Title VII. Rzadkowski-Chevere v. Admin. for Child Support Enf't, 363 F. Supp. 2d 1, 6 (D.P.R. 2005). Accordingly, said defendants' request for dismissal of plaintiffs' Title VII claims is DENIED. As to the cl......