García-Matos v. Bhatia-Gautier

156 F. Supp. 3d 245, 2016 WL 197620
CourtDistrict Court, D. Puerto Rico
DecidedJanuary 15, 2016
DocketCIV. NO. 13-1384 (PG)
StatusPublished
Cited by2 cases

This text of 156 F. Supp. 3d 245 (García-Matos v. Bhatia-Gautier) 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
García-Matos v. Bhatia-Gautier, 156 F. Supp. 3d 245, 2016 WL 197620 (prd 2016).

Opinion

OPINION AND ORDER

JUAN M. PEREZ-GIMENEZ, UNITED STATES DISTRICT JUDGE

On May 15, 2013, plaintiffs Yamilka Garcia-Matos (“Garda-Matos”), Ricardo Casellas-Morales (“Casellas”), Carlos Cot-to-Roman (“Cotto”), Gretchen Medina-Fuentes (“Medina”), Nahir Arocho-Schmidt (“Arocho”), Emmy Hernandez^ Rivera (“Hernandez-Rivera”), Evelyn Vazquez-Perez (“Vazquez-Perez”), Lourdes Morales-Morales (“Morales”), Fernando Cuevas-Lugo (“Cuevas”), Marie Peralta-Ramirez (“Peralta”), Miguel Colon-Martinez (“Colon-Martinez”), Lixmar-ie Gonzalez-Hernandez (“Lizmarie”), Marilie Gonzalez-Hernandez (“Marilie”), Adrian Melendez-Zeno (“Melendez-Zeno”) and Jennifer Quiñones-Velez (“Quiñones-Velez”) filed the above-captioned claim. See Docket No. 1. On January 13, 2014, the plaintiffs filed an amended complaint against Eduardo Bha-tia-Gautier (“Bhatia”), in his personal capacity and his official capacity as President of the Commonwealth of Puerto Rico’s Senate; Denisse M. Rivera-Gonzalez (“Rivera-Gonzalez”), in her individual capacity and her official capacity as Human Resources Director of the Commonwealth of Puerto Rico’s Senate; Tania Barbarrosa-Ortiz (“Barbarrosa”), in her individual capacity and her official capacity as Secretary of the Commonwealth of Puerto Rico’s Senate; Luis A. Ramos-Rivera (“Ramos-Rivera”), in his individual capacity and his official capacity as Sergeant of Arms of the Commonwealth of Puerto Rico’s Senate; Jose Hernandez-Arbelo (“Hernandez-Arbelo”), in his individual capacity and his official capacity as Secretary of Administration of the Commonwealth of Puerto Rico’s Senate; Juan Vazquez-Lopez (“Vazquez-Lopez”), in his individual capacity and his official capacity as Director of Auxiliary Services of the Commonwealth of Puerto Rico’s Senate; Maritza Alejandro-Chevres (“Alejandro-Chevres”), in her personal capacity and her official capacity as Administrator of the Office of the President of the Commonwealth of Puerto Rico’s Senate. See Docket No. 95 in Civil Case No. 13-1296(PG).

All of the plaintiffs claim they were terminated from their employment at the Senate of the Commonwealth of Puerto Rico because of their political affiliation in [250]*250violation of the First Amendment to the United States Constitution. They also claim their contracts were not renewed for the same reasons. Plaintiffs Garcia-Ma-tos, Casellas and Cotto (“the Due Process plaintiffs”) also raise claims of violations to their due process rights under the Fourteenth Amendment to the United States Constitution. These plaintiffs sustain they were terminated from their jobs on January 15, 2013, some weeks before the end of their term appointments expiring on January 31, 2013. The Due Process plaintiffs claim they were not afforded their due process rights prior to termination despite having a property interest in their positions. They all now seek compensatory and punitive damages, as well as declaratory and injunctive relief and attorney fees pursuant to 42 U.S.C. §§ 1983, 1988. The plaintiffs additionally invoke the court’s supplemental jurisdiction over the claims under the laws and Constitution of Puerto Rico, in particular, Public Service Personnel Laws and Articles 1802 and 1803 of the Puerto Rico Civil Code.

The following background is based on admitted allegations, unless so specified.

The plaintiffs in this case are affiliated with the New Progressive Party (‘NPP”), whereas the defendants are all admittedly well-known members of the opposing party, the Popular Democratic Party (“PDP”). See Dockets No. 95, 122 in Civil Case No. 13-1296(PG). The NPP controlled the Senate from January 2, 2005 until December 31, 2012. It also controlled the Executive Branch during the 2009-2012 term. As a result of the General Elections held on November 6, 2012, the PDP gained a majority of the seats in the Senate. On or about mid-late November of 2012, a transition committee was established to provide for the transition of the presidency of the Senate from the NPP to the PDP. The newly-elected members of the Senate were sworn in on January 2nd, 2013. Notwithstanding, on that same date, Ms. Brunilda Ortiz-Rodriguez, at the time acting as interim President of the Senate, provided the plaintiffs, as well as other Senate employees in administrative positions, with term appointments until January 31, 2013.

Bhatia was the PDP Senate candidate that received the most electoral votes and on January 14, 2013, he became the President of the Senate. As such, Bhatia is the nominating authority of the Senate. Section 6.1 of the Senate Regulations establishes the duties and responsibilities of the President of the Senate, including being “in charge of the administrative affairs of the Senate” including the “selection, appointment, classification, promotion, retribution, discipline, cessation, destitution, sanctions of the personnel [¶]... ].” This section also states that “[t]he President can delegate in the pertinent officials any of these endeavors by way of an order to that effect.” See Dockets No. 95, 122 in . 1(PG), ¶¶ 126. Bhatia thus appointed a majority of the members of the transition committee. Co-defendants Rivera-Gonzalez, Barbarrosa, Ramos-Rivera, Hernandez-Arbelo, Vazquez-Lopez and Alejandro-Chevres were admittedly appointed to their positions by Bhatia; enjoy the full trust of and are loyal to Bhatia and the PDP; are well-known and loyal members of the PDP; and, at all times relevant and material hereto, were acting under color of state law.

The defendants admit that political affiliation is not an appropriate requirement of plaintiffs’ positions and that the Senate is an entity involving numerous politicians where the atmosphere is generally politically charged and highly partisan, particularly in the days leading up to elections and in the months that follow such elections. See pockets No. 95, 122 in Civil Case No. 13-1296(PG), ¶¶ 59, 69.

[251]*251On or about January 15, 2018, co-defendants Rivera-Gonzalez and Ramos-Rivera, Human Resources Director and Sergeant of Arms, respectively, through another individual, instructed some plaintiffs to go to the Human Resources office, where they personally provided these individuals with termination letters signed by co-defendant Barbarrosa. Id. at ¶¶ 117-118. The letters provided for the immediate termination from employment of these employees — including the plaintiffs to this action — and failed to notify them of their right to a pre-termination hearing or of the reasons for their termination. Id. at ¶¶ 122. This action was taken despite the fact that all of the employees terminated on January 15, 2013 had been afforded term appointments until January 31, 2013. Id. at ¶¶ 123. Another similar, yet independent, incident involving another group of employees affiliated with or perceived as being affiliated with the NPP, including plaintiffs to this action, occurred on or about January 30, 2013. These individuals were summoned by Vazquez-Lopez to a meeting where there were other individuals present, including newly appointed PDP-affiliated supervisors. Vazquez-Lopez told them that he is grateful for their work but that their contracts would not be extended beyond January 31, 2013. Id. at ¶¶ 145.

Similar allegations are raised in the complaint with regard to co-defendant Hernandez-Arbelo, though not admitted. See Docket No. 95 in Civil Case No. 13-1296(PG), ¶¶ 152-153.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
156 F. Supp. 3d 245, 2016 WL 197620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-matos-v-bhatia-gautier-prd-2016.