Rivera-Concepción v. Commonwealth

786 F. Supp. 2d 489, 2011 WL 1938239
CourtDistrict Court, D. Puerto Rico
DecidedApril 29, 2011
DocketCivil No. 08-2378 (BJM)
StatusPublished
Cited by3 cases

This text of 786 F. Supp. 2d 489 (Rivera-Concepción v. Commonwealth) 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
Rivera-Concepción v. Commonwealth, 786 F. Supp. 2d 489, 2011 WL 1938239 (prd 2011).

Opinion

OPINION AND ORDER

BRUCE J. McGIVERIN, United States Magistrate Judge.

Before the court is the latest phase in the litigation arising out of plaintiff Jayrie Rivera-Concepeión’s (“Jayrie”) expulsion from the Córdova and Fernós Congressional Internship Program (“Program”) in January 2007 after apparently undergoing a manic episode of bipolar disorder. (See Docket No. 10-3). Defendants the Commonwealth of Puerto Rico, the Puerto Rico Senate (“Senate”), and the Puerto Rico House of Representatives (“House”) (collectively, “defendants” or “moving defendants”) 1 move for summary judgment on the claims brought by plaintiffs Jayrie, Jorge Viera, and Cynthia Concepción (collectively, “plaintiffs”) under Title II of the Americans with Disabilities Act of 1990 (“ADA”), as amended, 42 U.S.C. § 12101 et seq., and section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. (“Section 504”). (Docket Nos. 87, 88). Plaintiffs oppose (Docket Nos. 91, 92), and defendants reply. (Docket Nos. 106, 107). For the reasons that follow, the court grants summary judgment to the moving defendants.

STANDARD OF REVIEW

Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A fact is material only if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In determining if a material fact is “genuine,” the court does not weigh the facts but instead ascertains whether the “evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.; Leary v. Dalton, 58 F.3d 748, 751 (1st Cir.1995).

“[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the [evidence] ... which it believes demonstrate the absence of a genuine issue of material fact.” Crawford-El v. Britton, 523 U.S. 574, 600 n. 22, 118 S.Ct. 1584, 140 L.Ed.2d 759 (1998) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)); Fed.R.Civ.P. 56(c)(1)(A). Once this threshold is met, the burden shifts to the nonmoving party, who “must do more than simply [492]*492show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Of course, the court draws inferences and evaluates facts “in the light most favorable to the nonmoving party.” Leary, 58 F.3d at 751.

FACTUAL AND PROCEDURAL BACKGROUND

The following material facts, which will be viewed in the light most favorable to plaintiffs as the nonmoving party, are either undisputed or conclusively supported by the evidentiary record except where otherwise noted.2

The Program was created by law to provide internship opportunities to undergraduate students who have completed at least half of the necessary requirements for a bachelor’s degree and graduate students enrolled in post-secondary institutions in Puerto Rico. Program participants would receive a salary and stipend for lodging and transportation during a maximum of four months working full-time at the office of the congressperson, Puerto Rico or federal administrative agency, or independent agency or institution at which they were placed. The Program is implemented and operated through a Joint Commission of the Puerto Rico Legislative Assembly. The members of this Joint Commission are the Presidents of the Senate and the House of Representatives, the speakers of all political parties in both legislative bodies, and the Presidents of the Legislative Commissions in charge of international and federal affairs in both legislative bodies. (Docket No. 87, ¶¶ 1-3 (citing 2 L.P.R.A. §§ 802, 804)).

At all relevant times, the Program was administered under the aegis of the Office of Legislative Services of the Legislative Assembly of Puerto Rico (“OSL”). The operating funds of the OSL and the programs it administered were accounted for and managed separately from the funds of either of the chambers of the Legislative Assembly or the other legislative agencies. The source of all OSL and Program funds was the Commonwealth’s General Fund. The OSL neither requested nor received federal funds or grants for the Program, nor did it otherwise request or receive any other federal funds or grants. (Docket No. 87, ¶¶ 4-6).

The Washington Center (“TWC” or “Center”) is a private, non-profit organization established in 1975 with headquarters in Washington, D.C. Its mandate is to organize internship placements, academic programs and seminars, and other prac[493]*493tical on-the-job training experience in the United States Congress and other private, governmental, and non-governmental sectors in the Washington, D.C. area. (Id., ¶ 7). The Legislative Assembly, through the OSL, entered into a Cooperation Agreement with the Center to operate the Program during the period relevant to this case. (Id., ¶ 8). Through the Cooperation Agreement, the OSL was obligated to conduct the Program’s selection process and recruit up to 21 candidates according to the general eligibility criteria established by TWC and the Program; cover the cost of the Program, housing fees, and transportation to and from San Juan; and provide Program participants a modest living allowance to cover food, commuting, and other personal expenses. (Id., ¶ 9). The Cooperation Agreement obligated TWC to grant admission to the qualified candidates selected by the OSL, employ a fulltime program advisor dedicated to serve Program participants, administer the Program, conduct a full-day orientation with participants in San Juan, place each Program participant in a relevant placement to perform his or her internship, organize educational tours, site visits, and other activities and events, offer each participant a choice of academic courses for weekly class enrollment, facilitate the evaluation of the intern’s performance, and provide housing and student life services to all Program participants. (Id., ¶ 10).

Plaintiff Jayrie Rivera-Concepción applied to the Program on October 20, 2006. On the Program application form, she left blank the sections titled “Please indicate any special needs or requirements” and “Please inform us of any special conditions TWC should be aware of in order for you to fully participate in our program. Use a separate sheet if necessary.” (Id., ¶¶ 11-13).

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786 F. Supp. 2d 489, 2011 WL 1938239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-concepcion-v-commonwealth-prd-2011.