Flores-Silva v. McClintock-Hernandez

827 F. Supp. 2d 64, 2011 U.S. Dist. LEXIS 124890, 2011 WL 5155922
CourtDistrict Court, D. Puerto Rico
DecidedOctober 27, 2011
DocketCivil No. 10-2287 (JAF)
StatusPublished
Cited by1 cases

This text of 827 F. Supp. 2d 64 (Flores-Silva v. McClintock-Hernandez) 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
Flores-Silva v. McClintock-Hernandez, 827 F. Supp. 2d 64, 2011 U.S. Dist. LEXIS 124890, 2011 WL 5155922 (prd 2011).

Opinion

OPINION AND ORDER

JOSE ANTONIO FUSTE, District Judge.

Plaintiff sues under 42 U.S.C. §§ 1983, 1985, 1986 and 1988 for damages, declarative, and injunctive relief against Defendants, in their official and personal capacities, alleging political discrimination in violation of the First, Fifth, Ninth, and Fourteenth Amendments of the U.S. Constitution; discrimination in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213, and the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. §§ 701 et seq.-, as well as Equal Protection and Due Process violations of the Fourteenth Amendment. (Docket No. 1 at 15-19.) Plaintiff also claims relief under Puerto Rico law, including 1 L.P.R.A. § 501, 29 L.P.R.A. §§ 146-151, 29 L.P.R.A. § 194; and Puerto Rico’s tort provision (‘Article 1802”), 31 L.P.R.A. § 5141. (Id. at 21-22.) Defendants move for dismissal under Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). (Docket No. 28.) Plaintiff opposes (Docket No. 37), and Defendants respond (Docket No. 42).

I.

Factual Allegations

Since 1990, Plaintiff has worked for the Department of State of the Commonwealth of Puerto Rico (“DOS”). (Docket No. 1 at 4-5.) Plaintiff is a member of the Popular Democratic Party (“PDP”). (Id. at 6.) De[68]*68fendants include the Commonwealth of Puerto Rico; the DOS; the Secretary of State of the Commonwealth, Kenneth McClintock-Rodriguez (“McClintock”); the Deputy Secretary of State, José Rodriguez-Suárez (“Rodríguez”); as well as various other employees of the DOS. (Id. at 5-6.) Blanca López-Agudo (“López”) is a Foreign Affairs Specialist at the DOS; José Negrón-Pantoj as (“Negrón”) is International Affairs Officer; Eduardo Arosemena-Muñoz (“Arosemena”) is Assistant Secretary of State for Services; Consuelo Figueras-Revuelta (“Figueras”) is International Affairs Specialist; Nivia E. Torres-Ocasio (“Torres”) is Human Resources Director; Edna Coira-Aponte (“Coira”) is Human Resources Specialist; Dwight Fagundo-Cruz (“Fagundo”) is Special Assistant to Assistant Secretary Arosemena; and Vanessa Viera-Rabelo (“Viera”) is Under Secretary of State. (Id. at 5.)

Plaintiff claims that, beginning in 1993, during the New Progressive Party (“NPP”) administration of then-Governor Pedro Rosselló (1990 to 2000), she became the victim of “persecution, retaliation, discrimination.” (Id. at 7.) The NPP is the rival party of the PDP, of which Flores is a member. Plaintiff alleges that Rodriguez orchestrated a campaign to make her life at work “miserable.” (Id. at 8.) Plaintiff further alleges that “prior to, and since the beginning of this political administration (January 2009), defendants have marginalized, slandered, persecuted, retaliated, and discriminated” against her. (Id. at 6.) The current administration that Plaintiff refers to is also controlled by the NPP. (Id. at 7.) Plaintiffs allegations do not make clear whether any discrimination occurred between 1993 and 2008. (Id. at 7-8.)

Plaintiff alleges that beginning in 2008, Defendants transferred her, assigning her duties incommensurate with her qualifications and position as International Affairs Specialist. (Id. at 6.) She alleges that her former duties were reassigned to employees with lower ranks and qualifications. (Id. at 10.) Plaintiff also alleges that Defendants mocked her and denied her legally-entitled retirement benefits. Plaintiff claims Defendants did all this because of Plaintiffs political affiliation. (Id. at 11-14) Plaintiff also alleges that Defendants refused to reinstate a reasonable accommodation and discriminated against her due to her purported disability. (Id. at 15-17.) Specifically, Plaintiff alleges that Defendants withdrew equipment and office space that had previously been provided to accommodate her arm, back, and knee ailments. (Id. at 12.)

Plaintiffs complaint makes the following allegations against individual defendants. In February 2010, Rodriguez assigned Plaintiff to perform clerical duties in the Auxiliary Secretariat for Services at the DOS, a Secretariat that he directed. (Id. at 8.) When Plaintiff asked Rodriguez why she was being assigned duties inferior to her qualifications, Rodriguez “responded, sarcastically, that she had to diversify.” (Id.)

Arosemena, as Assistant Secretary of State for Services, supervised Plaintiff in her new role after she was transferred to the Auxiliary Secretariat for Services. (Id.) Plaintiff requested to Arosemena transfers to other positions for which she was better qualified, as well as clearer instructions regarding her job duties. (Id. at 9-10.) Arosemena ignored her requests, belatedly provided her with instructions, and later transferred her to another role in the Office of Trademark where Plaintiff had no duties to perform. (Id. at 9-11.)

Fagundo, Special Assistant to Arosemena and the person in charge of Passport and Corporate Services, “mistreated, retaliated and mocked” Plaintiff. He did this [69]*69by criticizing her work, job performance and speaking abilities, and by refusing to provide her with instructions regarding her job duties in her new role. (Id. at 11.)

On May 24, 2010, Plaintiff sent Viera an email requesting a meeting. (Id. at 12.) The purpose of the meeting was for Plaintiff to explain her grievances related to her treatment at work, the failure to reinstate her reasonable accommodation, and her “constructive demotion.” (Id.) Viera ignored the email and refused to meet with Plaintiff. (Id.) Plaintiff then met with Torres, Human Resources Director at DOS. According to the complaint, Torres refused to listen to Plaintiff’s statements and “made a scene, in order to convey the impression that plaintiff was being disrespectful.” (Id. at 13.) Together with Coira, Torres allegedly also denied Plaintiff her legally-entitled retirement benefits, all because of Plaintiffs political affiliation. (Id.) Coira also allegedly allowed other employees to recover retirement benefits, while denying the same to Plaintiff. (Id. at 14.)

II.

Standard for a Motion to Dismiss Under 12(b)(6) and 12(b)(1)

A defendant may move to dismiss an action, based solely on the complaint, for the plaintiffs “failure to state a claim upon which relief can be granted.”1 Fed. R.Civ.P. 12(b)(6). In assessing such a motion, we “aecept[ ] all well-pleaded facts as true, and we draw all reasonable inferences in favor of the [plaintiff].” Wash. Legal Found, v. Mass. Bar Found.,

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Bluebook (online)
827 F. Supp. 2d 64, 2011 U.S. Dist. LEXIS 124890, 2011 WL 5155922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flores-silva-v-mcclintock-hernandez-prd-2011.