De La Cruz v. Colon-Rondon

952 F. Supp. 2d 385, 2013 WL 3376904, 2013 U.S. Dist. LEXIS 95285
CourtDistrict Court, D. Puerto Rico
DecidedJuly 8, 2013
DocketCivil No. 12-1837 (JAF)
StatusPublished
Cited by1 cases

This text of 952 F. Supp. 2d 385 (De La Cruz v. Colon-Rondon) 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
De La Cruz v. Colon-Rondon, 952 F. Supp. 2d 385, 2013 WL 3376904, 2013 U.S. Dist. LEXIS 95285 (prd 2013).

Opinion

OPINION AND ORDER

JOSE ANTONIO FUSTE, District Judge.

On April 12, 2013, we entered an opinion and order, (Docket No. 57, 946 F.Supp.2d 244, 2013 WL 1531649 (D.P.R.2013)), granting in part and denying in part Defendants’ motion to dismiss under Fed. R.Civ.P. 12(b)(1).1 (Docket No. 10.) We found that neither the writ of mandamus statute, nor § 1983, nor § 667 confers subject-matter jurisdiction over this case. (Docket No. 57.) We ordered the parties to brief the question whether Ex Parte Young, 209 U.S. 123, 159-60, 28 S.Ct. 441, 52 L.Ed. 714 (1908), confers jurisdiction. (Id.) We also ordered Plaintiffs to show cause why their equal protection claims should not be dismissed. (Id.) In our previous order, we provided clear instructions to Plaintiffs. To show that Ex Parte Young jurisdiction is proper in this case, Plaintiffs were ordered to provide arguments under the relevant First Circuit precedent, Rosie D. Ex. Rel. John D. v. Swift, 310 F.3d 230 (1st Cir.2002). We also laid out the basic requirements for stating a viable equal protection claim.2 (Docket No. 57.)

The parties have both filed briefs to comply with our order. (Docket Nos. 77; 79.) Plaintiffs have also filed an amended complaint. (Docket No. 83.) Despite our clear instructions to Plaintiffs, they have failed to show cause as to why this case should not be dismissed. It is well-established that “[wjhen a defendant moves to dismiss for lack of federal subject matter jurisdiction, ‘the party invoking the jurisdiction of a federal court carries the burden of proving its existence.’ ” Johansen v. United States, 506 F.3d 65, 68 (1st Cir. 2007) (citing Murphy v. United States, 45 F.3d 520, 522 (1st Cir.1995)). Plaintiffs have failed to show that there is Ex Parte Young jurisdiction, or that they have a viable equal protection claim. We, therefore, dismiss Plaintiffs’ case.

I.

Discussion

The Ex Parte Young doctrine allows federal courts, “notwithstanding the absence of consent, waiver or evidence of congressional assertion of national hegemony, [to] enjoin state officials to conform future conduct to the requirements of federal law.” Swift, 310 F.3d at 234 (quoting Lane v. First Nat’l Bank, 871 F.2d 166, 172 n. 5 (1st Cir.1989)). The First Circuit made clear in Swift that “[i]n determining whether a statute’s remedial provisions preclude prospective injunctive relief under the doctrine of Ex parte Young, the proper test involves an inquiry into Congress’s intent.” See Swift, 310 F.3d at 237 [387]*387(providing that Seminole Tribe of Florida v. Florida, 517 U.S. 44, 74-75, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996), and Verizon Maryland, Inc. v. Com’n of Maryland, 535 U.S. 635, 122 S.Ct. 1753, 152 L.Ed.2d 871 (2002) are the “clear guideposts” for conducting this inquiry). More specifically, courts must inquire whether a statute’s “remedial scheme is sufficiently comprehensive to indicate that Congress intended to foreclose such relief.” Id. at 238.

After careful consideration, we now conclude that the Family Support-Act of 1988, Pub.L. No. 100-485, 102 Stat. 245-(as codified at 42 U.S.C. § 667), contains sufficient indications of Congressional intent to foreclose Ex Parte Young jurisdiction. We begin our analysis by considering the statute that Plaintiffs seek to enforce. See Swift, 310 F.3d at 237 n. 4 (instructing courts to look primarily at statutory text).

42 U.S.C. § 667 provides:

Each State, as a condition for having its State plan approved under this part, must establish guidelines for child support award amounts within the State. The guidelines may be established by law or by judicial or administrative action, and shall be reviewed at least once every 4 years to ensure that their application results in the determination of appropriate child support award amounts.

Id. The word “plan” refers to a plan under the Temporary Assistance to Needy Families Program (“TANF”), administered by the United States Department of Health and Human Services (“HHS”) pursuant to Title IV-A of the Social Security Act, 42 U.S.C. §§ 601-619. See Administracion del Sustento de Menores v. Dep’t of Health & Human Serv., 588 F.3d 740, 742 (1st Cir.2009). The TANF program provides block grants, also known as State Family Assistance Grants, to eligible states. Id. (citing 42 U.S.C. § 603(a)(1)). To be eligible for these block grants, states must operate child support enforcement programs — that- is, programs designed to locate non-custodial parents, establish paternity, and obtain child and spousal support — in accordance with Title IV-D of -the Social Security Act. Id. (citing 42 U.S.C. §§ 651-669b; 42 U.S.C. § 602(a)(2)). Puerto Rico participates in the TANF program.3 Id.

Title IV-D imposes performance standards and reporting requirements on states as a condition of funding. Id. HHS enforces these standards and requirements. Id. HHS has promulgated a regulation reiterating the requirement that states review their child support guidelines every four years. 45 C.F.R. § 302.56. In Puerto Rico, the Administrator of the Child Support Administration is responsible for reviewing these guidelines every four years, pursuant to Puerto Rico’s Special Child Support Act, 8 L.P.R.A. §§ 501 et seq,, and the Uniform Administrative Procedures Act, 3 L.P.R.A. §§ 2101 et seq.

This detailed scheme' contains sufficient indications of Congress’s intent to foreclose Ex Parte Young■ jurisdiction for suits by private parties. Section 667 makes clear that a state’s compliance with the statute is a condition for approval of its “plan.” This section of the statute does not make any mention of private enforcement. Id:

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Bluebook (online)
952 F. Supp. 2d 385, 2013 WL 3376904, 2013 U.S. Dist. LEXIS 95285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-la-cruz-v-colon-rondon-prd-2013.