Cruz v. Puerto Rico Planning Board

99 F. Supp. 3d 249, 2015 U.S. Dist. LEXIS 50490
CourtDistrict Court, D. Puerto Rico
DecidedApril 15, 2015
DocketCIV. NO. 14-1016(PG)
StatusPublished
Cited by1 cases

This text of 99 F. Supp. 3d 249 (Cruz v. Puerto Rico Planning Board) 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
Cruz v. Puerto Rico Planning Board, 99 F. Supp. 3d 249, 2015 U.S. Dist. LEXIS 50490 (prd 2015).

Opinion

[253]*253 OPINION AND ORDER

JUAN M. PEREZ-GIMENEZ, Senior District Judge.

Before the court is a motion to dismiss filed by the defendants in both their official and individual capacity. See Docket No. 8. For the reasons set forth below, the court GRANTS IN PART AND DENIES IN PART the defendants’ motion.

I. BACKGROUND

On January 9, 2014, plaintiffs Davis Cruz (“Cruz”), Wanda Miranda (“Miranda”) and their Conjugal Partnership filed the above-captioned complaint against defendants the Puerto Rico Planning Board (“PRPB”), the Puerto Rico Developmental Disabilities Council (PRDDC), My-rianne Roa (“Roa”),1 Magdalena Vazquez (“Vazquez”), and Luis Garcia-Pelatti (“Garcia-Pelatti”), in their official and individual capacities. According to the complaint, Cruz was the Executive Director at the PRDDC, and his wife, plaintiff Miranda, held the position of Confidential Secretary I. See Docket No. 1 at ¶¶ 3.1-3.2. Miranda was appointed to this position as part of a reasonable accommodation in favor of Cruz insofar as he has been blind since he was sixteen years old. Id. at ¶¶ 4.14, 4.23.

Both Cruz and Miranda claim they were harassed and terminated from their employment without being afforded their due process rights and because they were affiliated with the New Progressive Party (“NPP”). Id. at ¶ 3.6. Pursuant to 42 U.S.C. § 1983, the plaintiffs now seek compensatory and punitive damages and in-junctive relief for the alleged violations of their constitutional rights under the First, Fifth2 and Fourteenth Amendments. See Docket No. 1. The plaintiffs also lodge claims of disability discrimination pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., The plaintiffs additionally invoke the court’s supplemental jurisdiction over the state-law claims brought pursuant to Articles 1802 and 1803 of the Civil Code of Puerto Rico (“Articles 1802 and 1803”), P.R. Laws Ann. tit. 31, §§ 5141 and 5142. See Docket No. 1.

According to the allegations in the complaint, co-defendant Garcia-Pelatti was the President of the PRPB at all relevant times herein. See id. at ¶ 3.8. He was appointed to this position by the current Governor, Alejandro Garcia Padilla, from plaintiffs’ opposing party, the Popular Democratic Party (“PDP”). Id. Co-defendant Vazquez is the Human Resources Director of the PRPB. Id. at ¶ 3.9. The PRDDC is alleged to be an instrumentality of the Commonwealth of Puerto Rico, the purpose of which is to provide assistance to individuals with developmental disabilities. Id. at ¶¶ 3.11., 4.1. The plaintiffs allege that pursuant to the Developmental Disabilities Act of 1970, 42 U.S.C. § 15001 et seq., any state that receives federal funds under this Act must establish a Council on Developmental Disabilities and must designate a state agency to provide support to this Council. Id. at ¶ 4.2. In the case at hand, the PRPB was the designated state agency for such purposes. Id. at ¶ 4.3.

[254]*254After the defeat of the NPP in the 2012 general elections, co-defendant Garcia-Pe-latti was appointed President of the PRPB. On or around February of 2013, he allegedly asked plaintiff Cruz to resign. Id. at ¶ 4.15. According to the plaintiffs, Garcia-Pelatti told them that he was being pressured to get rid of those affiliated to the NPP. Id. Plaintiff Cruz refused to resign and continued serving in what he claims was a politically-charged atmosphere. Id. at ¶¶ 4.16-4.17.

Some months thereafter, on June 14, 2013, Cruz allegedly received a phone call from Garcia-Pelatti’s secretary requesting his presence at the PRPB to receive a letter. Id. at ¶4.18. Plaintiff Cruz responded that he could not attend until' June 17th, after the closing ceremony of the Youth Leadership Forum for people with Disabilities, which was taking place at the time. Id. at ¶4.19. However, when the plaintiffs were speaking to some Forum participants immediately following the closing ceremony, co-defendant Vazquez and Angel Valle Valle, the Administrative Director of the PRPB, approached them to hand deliver termination letters, which the plaintiffs refused to receive. Id. at ¶ 4.20. The letters were later sent to plaintiffs via certified mail, but purportedly failed to inform them of their due process right to appeal such decision. Id. at ¶ 4.38. Subsequent to his dismissal, plaintiff Cruz was replaced by Roa, who is affiliated with the PDP and is not a disabled individual. Id. at ¶ 4.23.

According to the plaintiffs, all individual defendants were aware of their political affiliation as avid supporters of the NPP. And because both Garcia-Pelatti and Vazquez, acted in their official capacities, the plaintiffs aver liability attaches to the PRPB. See Docket No. 1 at ¶ 4.44.

Instead of answering the complaint, the defendants moved to dismiss all claims except for the political discrimination claims against co-defendant Garcia-Pelatti. See Docket No. 8. The plaintiffs filed a response to the defendants’ request (Docket No. 10) and the defendants replied (Docket No. 14).

II. 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. “To avoid dismissal, a complaint must provide ‘a short and plain statement of 'the claim showing that the pleader is entitled to relief.’ ” Garcia-Catalan v. U.S., 734 F.3d 100, 102 (1st Cir.2013) (quoting Fed.R.Civ.P. 8(a)(2)). When ruling on a motion to dismiss for failure to state a claim, a district court must “ask whether the complaint states a claim to relief that is plausible on its face, accepting the plaintiffs factual allegations and drawing all reasonable inferences in the plaintiffs favor.” Cooper v. Charter Communications Entertainments I, LLC, 760 F.3d 103, 106 (1st Cir.2014) (citing Malay v. Ballori-Lage, 744 F.3d 250, 252 (1st Cir.2014)) (internal quotation marks omitted). Additionally, courts “may augment these facts and inferences with data points gleaned from documents incorporated by reference into the complaint, matters of public record, and facts susceptible to judicial notice.” A.G. ex rel. Maddox v. v. Elsevier, Inc., 732 F.3d 77, 80 (1st Cir.2013) (citing Haley v. City of Boston, 657 F.3d 39, 46 (1st Cir.2011)).

“To cross the plausibility threshold, the plaintiff must ‘plead[ ] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.’ ” Cooper, 760 F.3d at 106 (citing Maloy, 744 F.3d at 252). See also Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 [255]*255(2009).

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Bluebook (online)
99 F. Supp. 3d 249, 2015 U.S. Dist. LEXIS 50490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruz-v-puerto-rico-planning-board-prd-2015.