Davila-Torres v. Feliciano-Torres

924 F. Supp. 2d 359, 2013 WL 610683, 2013 U.S. Dist. LEXIS 24814
CourtDistrict Court, D. Puerto Rico
DecidedFebruary 20, 2013
DocketCivil No. 10-1933 (GAG)
StatusPublished
Cited by2 cases

This text of 924 F. Supp. 2d 359 (Davila-Torres v. Feliciano-Torres) 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
Davila-Torres v. Feliciano-Torres, 924 F. Supp. 2d 359, 2013 WL 610683, 2013 U.S. Dist. LEXIS 24814 (prd 2013).

Opinion

OPINION AND ORDER

GUSTAVO A. GELPÍ, District Judge.

Enrique Davila-Torres (“Plaintiff’) brings suit against his supervisor, Yesenia Feliciano-Torres (“Defendant”), alleging violations of the First Amendment, Due Process Clause, Equal Protection Clause, Fifth Amendment, and various provisions of the Puerto Rico Constitution. (See generally Docket No. 6.) Plaintiff requests preliminary and permanent injunctive relief from further constitutional infringements, an aggregate of $2,000,000 in damages for pain and suffering, lost back pay and punitive damages, an award of prejudgment interest, costs, fees, and “other and further relief as may be deemed proper.” (Id.) Defendant filed a motion to dismiss Plaintiffs claims, (Docket No. 13), which the court denied (Docket No. 18). Defendant moves for summary judgment on these issues and, in the alternative, claims that the statute of limitations bars several of these claims and that Defendant enjoys qualified immunity. Plaintiff opposed the motion (Docket No. 70), and Defendant filed a reply (Docket No. 85). For the following reasons, the court GRANTS in part and DENIES in part Defendant’s motion for summary judgment (Docket No. 55).

I. Standard of Review

Summary judgment is appropriate when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see Fed.R.Civ.P. 56(a). “An issue is genuine if ‘it may reasonably be resolved in favor of either party’ at trial, and material if it ‘possesses] the capacity to sway the outcome of the litigation under the applicable law.’ ” Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006) (alteration in original) (internal citations omitted).

The moving party bears the initial burden of demonstrating the lack of evidence to support the non-moving party’s case. Celotex, 477 U.S. at 325, 106 S.Ct. 2548. “The movant must aver an absence of evidence to support the nonmoving party’s case. The burden then shifts to the nonmovant to establish the existence of at least one fact issue which is both genuine and material.” Maldonado-Denis v. Cas[365]*365tillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994). The nonmovant may establish a fact is genuinely in dispute by citing particular evidence in the record or showing that either the materials cited by the movant “do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1)(B). If the court finds that some genuine factual issue remains, the resolution of which could affect the outcome of the case, then the court must deny summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

When considering a motion for summary judgment, the court must view the evidence in the light most favorable to the non-moving party and give that party the benefit of any and all reasonable inferences. Id. at 255, 106 S.Ct. 2505. Moreover, at the summary judgment stage, the court does not make credibility determinations or weigh the evidence. Id. Summary judgment may be appropriate, however, if the non-moving party’s case rests merely upon “conclusory allegations, improbable inferences, and unsupported speculation.” Forestier Fradera v. Mun. of Mayaguez, 440 F.3d 17, 21 (1st Cir.2006) (quoting Benoit v. Technical Mfg. Corp., 331 F.3d 166, 173 (1st Cir.2003)).

II. Factual Background

The court reads the facts in the light most favorable to Plaintiff. See Ortiz-Rivera v. Astra Zeneca LP, 363 Fed.Appx. 45, 48 (1st Cir.2010). The facts of this case began taking shape in the wake of the 2008 election of former Governor Luis Fortufio, a member of the New Progressive Party (“NPP”). Plaintiff, formerly employed as the Auxiliary Director I for the Office of Acquisitions and Contracts for the Commonwealth of Puerto Rico’s Department of Transportation and Public Works (“DTOP”), alleges he endured a “work situation unreasonably inferior to the norm for the position he occupies.” (Docket No. 6 at 1.) Plaintiff states that his “position had the duties of supervising the Purchasing, Contracts, and Auction sections” in a work atmosphere controlled by NPP supporters (Civ. Case No. 09-1692, Docket No. 170-18 at 2-3.) He claims he suffered a pay cut through elimination of travel allowances, curtailment of his supervisory duties, severe reduction of responsibilities resulting in Plaintiff working only one half-hour to one hour each day, and a refusal to participate in staff meetings because he is a member of the Popular Democratic Party (“PDP”). (Docket No. 70 at 3A.) Plaintiff openly acknowledges his affiliation with the PDP and served as a party coordinator. (Docket Nos. 71-6 at 2; 71-4 at 5.) Plaintiff proffers that his appointment as Auxiliary Director I was merit-based and had no impact on the Puerto Rico budget. (Civ. Case No. 09-1692(GAG), Docket No. 182 at 1.)

Defendant is the Director of the Purchasing and Contracts Office at DTOP, where she oversees all personnel transactions of all employees within her respective region. Former Puerto Rico Secretary of Transportation Ruben Hernandez Gregorat appointed her to the position, and Plaintiff sues Defendant in her individual and official capacities. Defendant became Plaintiffs supervisor on November 9, 2009. Although Plaintiff admits he never discussed politics with Defendant, Plaintiff claims Defendant is a member of the NPP. (Docket No. 57-1 at 92-93.) Indeed, Defendant admits she is a member of the NPP. (Docket No. 57-8 at 146.)

Plaintiff first received notice that he was “no longer in charge of the office” on January 8, 2009, from Amilcar Ortiz, the Deputy Secretary for Administration. [366]*366(Docket No57-1 at 20, 25.) Plaintiff also received written notice in October 2009 that Secretary Hernandez Gregorat sought to annul Plaintiffs “transfer from Legal Technician to Deputy Director because it had been done contrary to” Puerto Rico law, namely, a legislative initiative to curb the economic recession in Puerto Rico (“Law 7”). (Docket No. 57-1 at 21.) Plaintiff admits Defendant had no role in proposing the annulment, he had “very little” contact with Defendant’s office prior to Defendant assuming a supervisory role in his department, and that he only spoke with her “two or three times” prior to working under her. (Docket No. 57-1 at 26.)

Plaintiff was stripped of his functions in front of the entire staff in January 2009 and he received notice of an intent to annul his position on October 27, 2009.

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Bluebook (online)
924 F. Supp. 2d 359, 2013 WL 610683, 2013 U.S. Dist. LEXIS 24814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davila-torres-v-feliciano-torres-prd-2013.