Angueira v. Arias

649 F. Supp. 299, 1986 U.S. Dist. LEXIS 18829
CourtDistrict Court, D. Puerto Rico
DecidedOctober 21, 1986
DocketCiv. No. 85-995 HL
StatusPublished

This text of 649 F. Supp. 299 (Angueira v. Arias) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angueira v. Arias, 649 F. Supp. 299, 1986 U.S. Dist. LEXIS 18829 (prd 1986).

Opinion

OPINION AND ORDER

LAFFITTE, District Judge.

Plaintiff, Luis 0. Juarbe Angueira, has brought this action for damages, declaratory relief, and injunctive relief against defendant Luis Rafael Arias, individually and in his official capacity as Director of the Public Building Authority (hereinafter “PBA”) pursuant to 42 U.S.C. sect. 1983. Plaintiff alleges a cause of action under the First, Fifth, and Fourteenth Amendments of the U.S. Constitution for his discharge on March 15, 1985 from the position of Regional Director of the Public Building Authority for the region of Aguadilla. It is plaintiffs contention that his discharge from employment was motivated solely by his political affiliation, and therefore constitutes a violation of his constitutional and statutory rights.

Defendant, in turn, has raised an affirmative defense of qualified immunity, and has filed a Motion for Summary Judgment and concurrent Request for Stay of discovery based upon this asserted defense. After considering defendant’s moving papers, plaintiff’s response in opposition, and the separately submitted compendium of translated exhibits, this Court finds that both the Motion for Summary Judgment and Request for Stay of proceedings should be DENIED.

I. FACTUAL BACKGROUND.

Plaintiff alleges that he is a member of the New Progressive Party (hereinafter “NPP”), and that defendant belongs to the Popular Democratic Party (hereinafter “PDP”). The PDP prevailed over the NPP in the general election of November 6, 1984, and was inaugurated into office on January 2, 1985. Defendant Luis Rafael Arias was subsequently appointed Director of the Public Building Authority (hereinafter “PBA”), an agency of the Commonwealth charged with providing and maintaining lodging facilities for the various departments, offices, and municipalities of the government. Approximately three months after defendant’s appointment to office, on March 15, 1985, plaintiff was discharged from his post as Regional Director of Aguadilla. The office of Regional Director is classified as a position of “trust and confidence” under the Puerto Rico Public Service Personnel Act, 3 L.P.R.A. section 1349 et seq.

Plaintiff had been employed in the capacity of Regional Director of Aguadilla since October 17, 1983. Subsequent to his discharge, the position of Regional Director was occupied by Mr. Javier Soto Cardona, who is a member of and active in the affairs of the PDP. Plaintiff alleges, on information and belief, that the sole reason [302]*302for termination of his employment was due to his political affiliation with the NPP.

Defendant Luis Rafael Arias now moves for summary judgment. In considering his motion, this Court notes that an award of summary judgment is proper only when it is shown on the pleadings and other evidence in the record that “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Rule 56(c), Fed.R.Civ.P. To determine whether summary judgment is appropriate, the Court must look at the record “in a light most favorable to ... the party opposing the motion.” Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 473, 82 S.Ct. 486, 491, 7 L.Ed.2d 458 (1962). In a patronage dismissal action, summary judgment may properly be granted even in the initial stages of the suit; “unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 2808, 86 L.Ed.2d 411 (1985).

II. THE QUALIFIED IMMUNITY DEFENSE.

Defendant’s Motion for Summary Judgment does not refute or deny that plaintiff’s discharge was the result of his political ideology.1 Instead, defendant posits an affirmative defense of qualified immunity, a judicially-created doctrine which provides that “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). Defendant thus contends that plaintiff’s discharge was a discretionary de-cisión, not in contravention of any established law at the time of its execution, and that defendant is therefore entitled to qualified immunity.

A. THE OBJECTIVE STANDARD

A qualified immunity defense requires an objective review that looks to the state of the law at the time of the violation in a two-step analysis. To gauge the validity of such a defense, the Court must ascertain:

1) whether the government official’s conduct violated a constitutional right that was “clearly established” at the time; and if so,
2) whether the official reasonably should have known that his acts constituted such a violation.

Creamer v. Porter, 754 F.2d 1311, 1317 (8th Cir.1985); Hobson v. Wilson, 737 F.2d 1, 26 (D.C.Cir.1984); De Abadia v. Izquierdo Mora, 792 F.2d 1187 (1st Cir.1986).

In determining the existing state of the law under step one of the analysis, it is not necessary that a “specific judicial articulation” of a fundamental legal principle be espoused by any court to constitute a well-settled rule. Basic constitutional rights are held to be established law if they are necessary to sustain the scheme of federal jurisprudence embodied in the U.S. Constitution and Bill of Rights. Blackburn v. Snow, 771 F.2d 556 (1st Cir.1985); King v. Higgins, 702 F.2d 18, 20 (1st Cir.1983).

Furthermore, under step two of the Court’s review, although a government official will not be bound to “anticipate subsequent legal developments” or “ ‘know’ that the law forbade conduct not previously identified as unlawful,” (Harlow, supra, 457 U.S. at page 818, 102 S.Ct. at page 2738), he will be held to a uniform level of “presumptive knowledge” of constitutional standards. Floyd v. Farrell, 765 F.2d 1, 4-5 (1st Cir.1985). Accordingly, the proper inquiry under the Harlow standard requires that the Court “make an [303]*303objective analysis of the reasonableness of conduct in light of the facts actually known to the officer and not consider the individual officer’s subjective assessment of those facts.” Floyd, supra, at page 6.

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Hobson v. Wilson
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Bluebook (online)
649 F. Supp. 299, 1986 U.S. Dist. LEXIS 18829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angueira-v-arias-prd-1986.