Cornavaca v. Rios-Mena

18 F. Supp. 3d 105, 2014 WL 1873301, 2014 U.S. Dist. LEXIS 64671
CourtDistrict Court, D. Puerto Rico
DecidedMay 9, 2014
DocketCivil No. 13-1767 (SEC)
StatusPublished
Cited by2 cases

This text of 18 F. Supp. 3d 105 (Cornavaca v. Rios-Mena) 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
Cornavaca v. Rios-Mena, 18 F. Supp. 3d 105, 2014 WL 1873301, 2014 U.S. Dist. LEXIS 64671 (prd 2014).

Opinion

OPINION AND ORDER

SALVADOR E. CASELLAS, Senior District Judge.

Before the Court is the defendants’ motion to dismiss, Docket # 8, and the plaintiffs’ opposition thereto, Docket # 11. M-ter reviewing the filings and the applicable law, this motion is GRANTED in part and DENIED in part.

Factual and Procedural Background

This is a case involving political discrimination claims stemming from the 2012 elections in Puerto Rico. The plaintiffs are Eric Cornavaca, Manuel Laboy, and Olivier Perrinjaquet, the former Administrator, “Innovation Center Business Development [108]*108Manager,” and “Research Economist,” respectively, of the Research Economist of the Puerto Rico Science, Technology & Research Trust (Trust). They bring this civil rights action under 42 U.S.C. § 1983, alleging that the defendants fired them because of their political affiliation to the New Progressive Party (NPP)- The defendants are the Trust itself; Iván Rios-Mena, the Trust’s Executive Director; Elizabeth Solá-Oliver, the “Project Manager, Science District of the Trust”; and Alberto Bacó-Bagué, the Secretary of the Department of Economic Development and Commerce and President of the Trust’s Board of Trustees. The defendants, who are allegedly affiliated to the opposing Popular Democratic Party (PDP), are sued in their personal and official capacities. As the defendants invoke Federal Rule of Civil Procedure 12(b)(6), a succinct recitation of well-pleaded facts — extending every reasonable inference in the plaintiffs’ favor, see A.G. ex rel. Maddox v. Elsevier, Inc., 732 F.3d 77, 80 (1st Cir.2013) — follows.

The Puerto Rico Legislature, through Law 214 of 2004, created the Trust “to define and implement the public policy of the Commonwealth ... for science and technology research and development which shall include the establishment of an alliance between the Government and the private sector for the promotion and development of the same for the benefit of all Puerto Ricans.” P.R. Laws Ann. tit. 23, § 695a(a). Law 214 provides that “The Council of Trustees,” the Trust’s governing body, § 695c(a)(l), is composed of 11 trustees, five of whom are so-called ex officio trustees (i.e., political appointees); the six other trustees are private citizens. § 695b(a).1 Pertinently, the Council of Trustees have the “the power to sue and be sued as trustees as representatives of the Trust.” § 695c(a).

The events giving rise to this suit coincided with the outcome of the November 2012 general elections, in which the PDP won control of the government, ousting the incumbent NPP administration. As part of the transition process, the complaint explains, the PDP transition team identified as a “pressing matter” that on December 31, 2012, the outgoing NPP trustees would “appoint 3 of Secretary Pérez-Ri-era’s aides in positions within the Trust.” Docket # 1, ¶ 22 (citation and internal quotation marks omitted). (Pérez-Riera, a well-known NPP supporter, had presided over the Council of Trustees before defendant Bacó-Bagué took over that position.) The “Trust is operating as if the elections had never happened,” the transition report further stated. Id. ¶ 27 (citation and internal quotation marks omitted).

“Immediately following .... the change of administration on January 2, 2013,” the complaint alleges, “rumors began circulating at the Trust that the incoming new ex officio members of the Board and the new administration were looking for ways to remove all personnel who were affiliated with the NPP and were associated with the previous NPP administration.” Id. ¶ 8. In January 2013, defendant Solá-Oli-ver, who was the “Project Manager, Science District of the Trust” between 2008 and 2013 (allegedly, she is now the “Aide to the Governor’s Chief of Staff, Eng. Ingrid Vilá-Biaggi”), id. ¶8, told plaintiff Cornavaca, who had worked at the Trust since 2010, id. ¶ 62, “that she would meet [109]*109at La Fortaleza to discuss the situation at the Trust.” Id. ¶ 31. A day after that meeting, Solá-Oliver, who was Cornavaca’s subordinate at that time, allegedly told Cornavaca that “he would be dismissed in the coming days,” because he “was deemed to be affiliated with the NPP and too closely associated with the prior NPP administration.” ” Id. ¶ 34. The decision to terminate Cornavaca’s employment, Solá-Oliver allegedly said, “had been made in spite of his accomplishments at the Trust.” Id.

According to the complaint, Solá-Oliver also told Cornavaca that defendant Bacó-Bagué and Vilá-Biaggi “were very upset with the hiring of [pllaintiffs Laboy and Perrinjaquet because they were also associated with the NPP.” Id. (Laboy and Per-rinjaquet were recruited by Pérez-Riera in late 2012, shortly before the change of administration.) And as it happened, “on or about January 30, 2013,” Bacó-Bagué sent a dismissal letter to Cornavaca advising “him [to] stay away from the premises. ...” Id. ¶35 (internal quotation marks omitted). In February 2013, meanwhile, defendant Ríos-Mena — the trust’s new Executive Director and former member of the PDP transition team — sent dismissal letters to Laboy and Perrinjaquet. Id. ¶¶ 56-57.

This §■ 1983 suit ensued in late 2013. Docket # 1. The plaintiffs advance four counts — two of which arise under federal law: Political discrimination claims under the First Amendment, id. ¶¶ 91-93, and procedural due process claims under the “Fifth and/or Fourteenth Amendments to the Constitution of the United States.” Id. ¶¶ 95-98. The other two contain pendent local-law claims.

The defendants move to dismiss for failure to state a claim upon which relief could be granted, see Fed.R.Civ.P. 12(b)(6), arguing that (1) because the Trust is a private entity, and because neither its employees nor its trustees are public officers, they cannot be sued under § 1983; (2) even if the Trust were “a state actor,” the plaintiffs “implemented policy” and therefore could be terminated “for their political affiliation”; (3) the plaintiffs make no plausible allegations with regard to defendant Solá-Oliver’s involvement in the alleged discrimination; (4) because the plaintiffs have no property interest in their “continued employment at the Trust,” they lack a plausible claim for violation of due process under the Fourteenth Amendment; (5) because neither defendant is a federal actor, the Fifth Amendment claims fail; and (6) the Eleventh Amendment bars monetary damages against defendant Bacó-Bagué in his official capacity as Secretary of the Department of Economic and Commercial Development. Docket # 8, p. 2.

The plaintiffs opposed each of these arguments. Docket # 11. Each contention is considered in turn.

Standard of Review

Federal Rule of Civil Procedure 12(b)(6) authorizes the dismissal of a complaint that fails to state a claim upon which relief could be granted. At the pleadings stage, courts must accept “the plaintiffs factual allegations and draw[] all reasonable inferences in the plaintiffs favor.” Maloy v. Ballori-Lage, 744 F.3d 250, 252 (1st Cir.2014) (citing Bell Atl. Corp. v. Twombly,

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Bluebook (online)
18 F. Supp. 3d 105, 2014 WL 1873301, 2014 U.S. Dist. LEXIS 64671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornavaca-v-rios-mena-prd-2014.