Castrello Merced v. Hernandez Colon

740 F. Supp. 108, 1990 U.S. Dist. LEXIS 7879, 1990 WL 87543
CourtDistrict Court, D. Puerto Rico
DecidedJune 20, 1990
DocketCiv. No. RLA 86-1172 JAF
StatusPublished
Cited by1 cases

This text of 740 F. Supp. 108 (Castrello Merced v. Hernandez Colon) 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
Castrello Merced v. Hernandez Colon, 740 F. Supp. 108, 1990 U.S. Dist. LEXIS 7879, 1990 WL 87543 (prd 1990).

Opinion

OPINION AND ORDER

FUSTE, District Judge.

This is another civil rights case brought by employees of La Fortaleza (the Governor’s mansion in Puerto Rico) who were dismissed from their positions following the gubernatorial election in 1984. At least three other cases involving dismissed La Fortaleza employees have already served as a basis for First Circuit decisions. See Rosario-Torres v. Hernández-Colón, 889 F.2d 314 (1st Cir.1989); Santiago-Correa v. Hernández-Colón, 835 F.2d 395 (1st Cir.1987); Vázquez Ríos v. Hernández Colón, 819 F.2d 319 (1st Cir.1987). Like their counterparts before them, plaintiffs herein allege they were fired for political reasons and in violation of their rights under the first, fifth, and fourteenth amendments to the United States Constitution, as well as under Puerto Rico law. Before the court is defendants’ motion for summary judgment on all causes of action.

I. GENERAL BACKGROUND

The fourteen plaintiffs profess to be members of the Partido Nuevo Progresista (“PNP”). Prior to being dismissed they were employed at La Fortaleza in a variety of support staff positions. Initially, most if not all of the plaintiffs were hired as “conditional” or “confidential” employees, but in each case the status was changed to “career.” As will be discussed in greater detail, the defendants claim that all of the plaintiffs were hired or promoted in violation of the recruitment standards prescribed by Puerto Rico’s civil service laws. In any event, plaintiffs’ names, titles, and monthly salaries prior to their dismissal are set forth below:

[111]*111Plaintiff Job Title Salary p/m
Angeles Castrello Merced Typist Clerk II $615.00
Pedro J. Reyes Revenue Assistant III 897.00
Sonia I. Monzón Executive Officer I 642.00
Irving Trujillo Zambrana Messenger I 507.00
Ada E. Santiago Hernández Executive Officer II 676.00
Juan García Valcárcel Messenger II 507.00
Irma Peninton Santos Clerk I 550.00
Ismael Morales Lebrón Transportation Supervisor 767.00
Lourdes Andino Administrative Technician III 862.00
Rafael Serrano Property Manager 666.00
Eduardo Pérez Carrión Clerk IV 595.00
Andrés Morales Diaz Printing Equipment Operator 767.00
Angel S. Correa Revenue Assistant III 863.00
Migdalia López Pérez Typist Clerk IV 666.00

In the elections of 1984, codefendant Rafael Hernández Colón, of the Partido Popular Democrático (“PPD”), was elected governor of Puerto Rico, unseating his PNP predecessor. Soon thereafter, Governor Hernández Colón appointed codefendant Franklin Martinez Monge to serve as his aide in charge of La Fortaleza’s administration. In May 1985, after reviewing the personnel rosters, Martinez Monge sent letters to each of the plaintiffs informing them that they had been hired or promoted to “career positions” in contravention of personnel regulations. The letters also said that this lapse of protocol alone could justify termination from employment and that the addressees were entitled to an administrative hearing to review the matter after which their future as gubernatorial staff members would be decided.

Several of the plaintiffs requested and received some sort of hearing, although it is now claimed that the whole hearing process was a “sham.” Then, between July 15 and November 4, 1985, each plaintiff received another letter from Martinez Monge, this time stating that their appointments were found to be “null and void” and that their employment at La Fortaleza would be terminated. Plaintiffs soon after left their positions and the vacancies were filled with PPD faithful. Plaintiffs allege that their replacements, like themselves, were not hired in accordance with the public service hiring standards.

The present suit was filed on July 15, 1986. In addition to making two claims under Puerto Rico law, plaintiffs seek injunctive and monetary relief pursuant to 42 U.S.C. section 1983, alleging a) that they were fired for reason of their political affiliation in violation of their rights under the first amendment; Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976); Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980); b) that they were deprived of due process in their termination; Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985); and c) that they were deprived of their right to equal protection under the fourteenth amendment. Defendants filed papers for summary judgment on May 28, 1987. That motion was left unresolved pending first a panel and then an en banc decision by the First Circuit in Rosario-Torres v. Hernández-Colón, 889 F.2d 314 (1st Cir.1989) {en banc). With the Rosario-Torres opinion now docketed, we proceed to decide defendants’ motion.

II. STATUTE OF LIMITATIONS

As an initial matter, defendants argue that all federal causes of action should be dismissed as time-barred. It is well settled that this district has adopted Puerto Rico’s one-year statute of limitations in actions brought under 42 U.S.C. section 1983. Fernández v. Chardón, 681 [112]*112F.2d 42 (1st Cir.1982); Gual Morales v. Hernandez Vega, 604 F.2d 730 (1st Cir.1979); Ramirez de Arellano v. Alvarez de Choudens, 575 F.2d 315 (1st Cir.1978). It is equally well established that in cases alleging illegal dismissal from employment, the one-year period begins to run when a plaintiff is given notification of dismissal and not when the employment relationship actually ends. Chardón v. Fernández, 454 U.S. 6, 102 S.Ct. 28, 70 L.Ed.2d 6 (1981); Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980); Holden v. Commission Against Discrimination, 671 F.2d 30, 34 (1st Cir.1982).

This action was filed July 15, 1986.

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Bluebook (online)
740 F. Supp. 108, 1990 U.S. Dist. LEXIS 7879, 1990 WL 87543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castrello-merced-v-hernandez-colon-prd-1990.