Garcia-Castro v. Commonwealth of Puerto Rico

District Court, D. Puerto Rico·Decided August 20, 2024·No. 3:20-cv-01065·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO

MANUEL GARCÍA CASTRO, et al., ) ) Plaintiffs, ) ) v. ) No. 3:20-cv-01065-JAW ) COMMONWEALTH OF PUERTO RICO, ) et al., ) ) Defendants. )

ORDER ON MOTION FOR RECONSIDERATION

The Commonwealth of Puerto Rico, its Governor, and the Chief Justice of the Puerto Rico Supreme Court, move the Court to reconsider a July 2024 order that partially denied their motion for summary judgment. The Court denies the motion for reconsideration as genuine issues of material fact remain and no extraordinary circumstances exist to overturn its previous order. I. PROCEDURAL HISTORY On February 5, 2020, Manuel García-Castro and Anixa Santiago-Rivera (Plaintiffs) filed a complaint against the Commonwealth of Puerto Rico; Carlos J. Méndez-Núñez, acting in his official capacity as Speaker of the House of Representatives of Puerto Rico; Maite Oronoz-Rodríguez, acting in her official capacity as the Chief Justice of the Puerto Rico Supreme Court; Thomas Rivera- Schatz, acting in his official capacity as the President of the Senate of Puerto Rico; Wanda Vázquez-Garced, acting in her official capacity as the Governor of Puerto Rico; and the Financial Oversight and Management Board for Puerto Rico.1 Compl. (ECF No. 1). The Plaintiffs sought declaratory and injunctive relief and other relief including compensatory damages to remedy alleged unlawful discrimination in

violation of Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Puerto Rico Laws 136-1996 and 266-2018. Id. at 1, 21-24. In the subsequent months, Defendants individually filed several motions to dismiss and motions to join each other’s motions to dismiss. See Mots. to Dismiss (ECF Nos. 38, 40, 41, 42, 43); Mots. to Join (ECF Nos. 44-47). On November 2, 2020, the Plaintiffs amended their complaint. Am. Compl. (ECF No. 52). Thereafter, the

Defendants filed motions to dismiss the Amended Complaint and to join each other’s motions to dismiss. See Mots. to Dismiss (ECF Nos. 53, 60, 68); Mots. to Join (ECF Nos. 70, 71, 78). Plaintiffs opposed the motions to dismiss. See Resps. in Opp’n (ECF Nos. 72, 74, 79). With the filing of the Amended Complaint and updated motions to dismiss, Judge Jay A. García-Gregory, the presiding judge at the time, deemed the first set of motions to dismiss and motions for joinder moot on January 28, 2021. Order (ECF No. 87).

On September 23, 2021, Judge García-Gregory issued an opinion that granted in part and denied in part Defendants’ motions to dismiss, and dismissed several claims in the Amended Complaint, including all claims against the Financial

1 On March 15, 2021, the Court, pursuant to Federal Rule of Civil Procedure 25(d), substituted Rafael Hernández Montañez, in his official capacity as Speaker of the Puerto Rico House of Representatives for Carlos Méndez Núñez. Order (ECF No. 92). On August 16, 2023, the Court, pursuant to Federal Rule of Civil Procedure 25(d), substituted Jose Luis Dalmau Santiago, in his official capacity as President of the Puerto Rico Senate, for Thomas Rivera Schatz, and Pedro Rafael Pierluisi Urrutia, in his official capacity as Governor of Puerto Rico, for Wanda Vázquez Garced. Order (ECF No. 241). Oversight and Management Board for Puerto Rico. Mem. and Op. (ECF No. 97); Partial J. (ECF No. 98). The parties thereafter engaged in extensive discovery practice, see ECF Nos.

104-65, and attempted mediation, see ECF Nos. 166-86, 188-204. Then on March 23, 2023, the Commonwealth of Puerto Rico, Chief Justice Oronoz-Rodríguez, and Governor Pedro R. Pierluisi Urrutia (Appearing Defendants) moved for summary judgment and submitted a statement of material facts in support of the motion. Mot. for Summ. J. (ECF No. 214) (Defs.’ Mot.); Mot. Submitting Statements of Uncontested Material Facts in Supp. of Mot. for Summ. J. (ECF No. 213) (DSMF). On April 3,

2023, Plaintiffs filed a response admitting some of the defendants’ material facts while denying others, yet did not submit their own statement of additional material facts. Resp. to Mot. in Opposing Statement of Uncontested Material Facts (ECF No. 217) (PRDSMF). The following day, April 4, 2023, Plaintiffs opposed the motion for summary judgment. Resp. to Mot. for Summ. J. (ECF No. 219). On April 21, 2023, the Appearing Defendants replied. Reply (ECF No. 225) (Defs.’ Reply). On August 4, 2023, United States Magistrate Judge Giselle López-Soler

recused herself, and the Clerk of Court randomly assigned the case to this Judge. See Order of Recusal (ECF No. 231); Order Reassigning Case (ECF No. 232); Mem. of the Clerk (ECF No. 233). On August 16, 2023, the Court stayed the case pending resolution of the dispositive motions. See Notice of Inj. Pursuant to Confirmation Order Issued by the Title III Ct. (ECF No. 187); Mot. to Stay (ECF No. 227); Order (ECF No. 237); Order (ECF No. 238). On June 26, 2024, the Court issued an order granting in part, denying in part, and dismissing in part the Appearing Defendants motion for summary judgment. Order on Mot. for Summ. J. (ECF No. 244) (Summ. J. Order). On July 24, 2024, the

Appearing Defendants moved the Court to reconsider the portion of the order which denied summary judgment as to the Puerto Rico Court of Appeals. Mot. for Recons. (ECF No. 251). On August 5, 2024, Plaintiffs opposed. Opp’n to Mot. for Recons. (ECF No. 255) (Pls.’ Opp’n). II. THE ORDER ON THE MOTION FOR SUMMARY JUDGMENT As regards the Puerto Rico Court of Appeals, the Plaintiffs alleged they “were

not provided equal access to prompt and efficient proceedings [and that] due to their disability they had to endure a several-hour wait for a process that only took about 15 minutes, solely because the Court of Appeals did not have a certified interpreter available.” Resp. to Mot. for Summ. J. at 2. The Appearing Defendants, however, characterized the events differently, arguing that the Plaintiffs “were provided with a qualified interpreter in a reasonable amount of time in compliance with Title II of the ADA,” Defs.’ Mot. at 18, and that “it was reasonable for García-Castro to wait for

a couple of hours (the wait coincided with the Clerk Office’s lunch period) to have a skilled sign language interpreter available at the Clerk’s Office of the Puerto Rico Court of Appeals, an office that is mainly dedicated to the intake or filing of documents.” Id. at 20. In its order adjudicating the motion for summary judgment, the Court first recounted the relevant facts. On July 17, 2019, Mr. García visited the Clerk’s Office of the Puerto Rico Court of Appeals at 10:47 AM and requested sign language interpreter services. Order on Mot. for Summ. J. at 13 (citing DSMF ¶ 20; PRDSMF ¶ 20). The Clerk’s Office initially communicated with Mr. García through an

individual, described by Appearing Defendants as a sign language interpreter from the court’s Marshall’s Office, who assisted Mr. García in completing the required form to request sign language interpreter services. Id. (citing DSMF ¶ 21; PRDSMF ¶ 21). The Director of Administrative Services of the Puerto Rico Court of Appeals requested that sign language interpretation services be provided that same day at 1:30 PM, and interpreter services were provided to Mr. García from 1:43 PM to 2:00 PM via a

certified sign language interpreter from ASL Services Latino, PR, an entity hired by the Judiciary to provide sign language interpreter services. Id. at 13-14 (citing DSMF ¶ 22-23; PRDSMF ¶ 22-23). Based on these facts, the Court concluded there was no genuine issue of material fact as to whether there was discriminatory intent or motive, rendering a disparate treatment claim unviable. Id. at 58.

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