Quiles-Santiago v. Rodriguez-Diaz

851 F. Supp. 2d 411, 2012 WL 1072327, 2012 U.S. Dist. LEXIS 46587
CourtDistrict Court, D. Puerto Rico
DecidedApril 2, 2012
DocketCivil No. 11-1269 (FAB)
StatusPublished
Cited by3 cases

This text of 851 F. Supp. 2d 411 (Quiles-Santiago v. Rodriguez-Diaz) 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
Quiles-Santiago v. Rodriguez-Diaz, 851 F. Supp. 2d 411, 2012 WL 1072327, 2012 U.S. Dist. LEXIS 46587 (prd 2012).

Opinion

OPINION AND ORDER

BESOSA, District Judge.

Before the Court is defendants Carmen G. Rodriguez-Diaz’s (“Rodriguez-Diaz”), Cesar E. Caminero-Ramos’ (“CamineroRamos”), Hector R. Malave-Rodriguez’s (“Malave-Rodriguez”), and Pedro Vazquez-Montañez’s (“Vazquez-Montañez”) motion to dismiss the case on Eleventh Amendment and qualified immunity grounds, and for failure to state a claim. (Docket No. 9.) For the reasons set forth below, defendants’ motion to dismiss is DENIED on Eleventh Amendment immunity grounds but GRANTED for failure to state a claim pursuant to 42 U.S.C. § 1983.

DISCUSSION

1. Procedural Background

On March 16, 2011, plaintiffs Adalberto Quiles-Santiago (“Quiles-Santiago”) and Santos Calixto-Rodriguez (“Calixto-Rodriguez”) filed a complaint alleging political discrimination pursuant to 42 U.S.C. § 1983 (“section 1983”). They allege three constitutional violations associated with their employment: political discrimination pursuant to the First Amendment of the United States Constitution, deprivation of a property interest without due process of law pursuant to the Fifth Amendment and Fourteenth Amendments, and the denial of equal protection pursuant to the Fourteenth Amendment. (See Docket No. 1 at ¶ 80.) They are suing defendants in their individual capacities for damages. (See Docket No. 1 at ¶ 81.) They are also requesting injunctive relief against defendants to order the “reinstatement of their respective career positions” and to prohibit the defendants from political discrimination. Id. In addition, plaintiffs QuilesSantiago, Calixto-Rodriguez, and their respective spouses and conjugal partnerships assert in the complaint that the Court has supplemental jurisdiction over their Commonwealth law claims.1

On August 29, 2011, defendants Rodriguez-Diaz, Malave-Rodriguez, and Vazquez-Montañez filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”). On September 19, 2011, all plaintiffs filed a response in opposition to defendants’ motion to dismiss.2 (Docket No. 9.) On No[416]*416vember 18, 2011, defendant Caminero-Ramos filed a motion to join in defendants’ motion to dismiss. (Docket No. 17.) On the same date, the Court granted defendant Caminero-Ramos’ motion for joinder.

II. Factual Background

In their complaint, the plaintiffs allege the following facts:

Plaintiffs Quiles-Santiago and CalixtoRodriguez are employees of the Commonwealth of Puerto Rico’s Fire Department (“the Fire Department”). (Docket No. 1 at ¶ 1.) They both hold the rank of “Captain” and are members of the Popular Democratic Party (“PDP”). (Docket No. 1 at ¶ 1.) Both plaintiffs were appointed to their trust positions3 during the PDP administration. (Docket No. 1 at ¶¶ 16 and 49.) Plaintiff Calixto-Rodriguez returned to his career position4 when the NPP administration took over the Fire Department. (Docket No. 1 at ¶ 51.)

Defendant Rodriguez-Diaz is the Chief of the Fire Department. (Docket No. 1 at If 10.) Defendant Vazquez-Montañez is the Assistant Chief of Extinguishing at the Fire Department. (Docket No. 1 at ¶ 11.) Defendant Malave-Rodriguez is the Interim Director of Human Resources of the Fire Department. (Docket No. 1 at ¶ 12.) Defendant Cesar Caminero-Ramos is a Commander and the Zone Chief for the Ponce District of the Fire Department. (Docket No. 1 at ¶ 13.) All of the defendants are members of the New Progressive Party (“NPP”). (Docket No. 1 at ¶¶ 10-13.)

A. Facts Relating to Plaintiff Quiles-Santiago

On January 13, 2010, defendant Caminero-Ramos created a position called in Spanish the “Sub-Director”5 for the Ponce Special Operations area and appointed an NPP supporter, Lieutenant Roberto Irizarry-Rodriguez (“Irizarry-Rodriguez”) to assume this position. (Docket No. 1 at ¶¶ 28-29.) This position did not exist before this date. Id. On the same date, defendant Caminero-Ramos implemented a work schedule for plaintiff Quiles-Santiago, who was the Director of the Ponce Special Operations area at the time. Id. This action was “unprecedented” for someone of Quiles-Santiago’s level in the Fire Department. Id.

On March 17, 2010, defendant Caminero-Ramos started a series of actions “to persecute, discriminate, marginalize and remove the duties of Quiles-Santiago because of his political affiliation to the PDP.” (Docket No. 1 at ¶ 30.) QuilesSantiago spoke with defendant Vazquez[417]*417Montañez about how his conditions were “substantially inferior to the norm, unreasonable and unnecessary.” (Docket No. 1 at ¶ 32.) Defendant Vazquez-Montañez replied “you should stay calm because you could lose your position.” Id. Quiles-Santiago asked him for “one reason that was not political” and defendant Vazquez-Montañez did not respond. Id.

Examples of discriminatory actions taken by defendant Caminero-Ramos include his requesting the key to the firefighter’s dormitory, (Docket No. 1 at ¶ 31), his ignoring a letter that Quiles-Santiago sent regarding situations of insubordination by Lieutenant Irizarry-Rodriguez, (Docket No. 1 at ¶ 33-34), and his approving a change in schedule without consulting Quiles-Santiago, (Docket No. 1 at ¶ 36). Defendant Caminero-Ramos, along with defendant Rodriguez-Diaz, ignored Quiles-Santiago’s request to meet about his letter concerning Lieutenant IrizarryRodriguez’s insubordination. Both defendants Caminero-Ramos and Rodriguez-Diaz assigned Quiles-Santiago to cover the vacations of other employees during the summer of 2010. (Docket No. 1 at ¶¶ 40, 42.) Furthermore, the Fire Department took away Quiles-Santiago’s assigned official vehicle; he is the only Director of Special Operations that does not have an official vehicle assigned to him. (Docket No. 1 at ¶ 45.)

On June 25, 2010, Quiles-Santiago was “stripped from his position and differential,” and Lieutenant Irizarry-Rodriguez was given the position instead. (Docket No. 1 at ¶ 37.) On July 12, 2010, QuilesSantiago requested a copy of his transfer letter and defendant Malave-Rodriguez, the Interim Director of Human Resources, responded via telephone and said that the document does not exist. (Docket No. 1 at ¶ 43.)

B. Facts Relating to Plaintiff Calixto-Rodriguez

On June 25, 2010, defendant Rodriguez-Diaz transferred plaintiff Calixto-Rodriguez without allowing him to appeal the decision. (Docket No. 1 at ¶¶ 53-54.) Defendant Caminero-Ramos sent training schedules directly to the secretary and did not send them to plaintiff Calixto-Rodriguez even though protocol required him to do so. (Docket No. 1 at ¶ 60.) Defendant Caminero-Ramos also assigned some of plaintiff Calixto-Rodriguez’s tasks to other people. (Docket No. 1 at ¶ 60.) In the fall of 2010, plaintiff Calixto-Rodriguez was assigned to cover the shifts of other employees workers while they were on vacation. (Docket No. 1 at ¶ 62.) Furthermore, “all communications that should be generated” by plaintiff Calixto-Rodriguez are now prepared by a different commander. (Docket No. 1 at ¶ 68.)

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Cite This Page — Counsel Stack

Bluebook (online)
851 F. Supp. 2d 411, 2012 WL 1072327, 2012 U.S. Dist. LEXIS 46587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quiles-santiago-v-rodriguez-diaz-prd-2012.