Torres-Alamo v. Puerto Rico

502 F.3d 20, 19 Am. Disabilities Cas. (BNA) 1158, 2007 U.S. App. LEXIS 21291, 2007 WL 2509847
CourtCourt of Appeals for the First Circuit
DecidedSeptember 6, 2007
Docket06-1903
StatusPublished
Cited by46 cases

This text of 502 F.3d 20 (Torres-Alamo v. Puerto Rico) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Torres-Alamo v. Puerto Rico, 502 F.3d 20, 19 Am. Disabilities Cas. (BNA) 1158, 2007 U.S. App. LEXIS 21291, 2007 WL 2509847 (1st Cir. 2007).

Opinion

*23 TORRUELLA, Circuit Judge.

On September 8, 2005, Appellant Isabel Torres-Alamo brought the present action against Appellees the Commonwealth of Puerto Rico (“Commonwealth”); the Commonwealth’s Department of Justice (“DOJ”); the Secretary of the DOJ, Roberto Sánchez Ramos, in his official capacity; the Puerto Rico Family Department (“Family Department”); and an unnamed insurance company, seeking damages for alleged violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq.; Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq.; the United States Constitution; and Puerto Rico law.

Appellant, who suffers from rheumatoid arthritis, has been employed as a social worker by the Family Department since 1965. The Family Department first accommodated Appellant’s arthritic condition in 1990 by giving her a secretary to help with her daily duties. The Family Department discontinued the secretary’s assignment thirteen years later, in May 2003, having decided that Appellant could function alone.

Appellant promptly requested that the secretary be reassigned to her as a reasonable accommodation of her disorder, but the request was denied. Appellant then filed a complaint with the Equal Employment Opportunity Commission (“EEOC”). The EEOC closed the case on June 16, 2005, and issued a right-to-sue letter. Accordingly, Appellant filed the present action before the U.S. District Court for the District of Puerto Rico, requesting declaratory and monetary relief.

On September 20, 2005, Appellees filed a motion to dismiss under Fed.R.Civ.P. 12(b)(1) on the grounds that the ADA claim was barred by Eleventh Amendment immunity. Oddly, Appellees’ motion to dismiss focused exclusively on Appellant’s ADA claim and did not make any arguments as to the balance of the complaint. On February 16, 2006, the district court dismissed the ADA claim and reviewed Appellant’s Title VII and constitutional claims sua sponte.

Appellant’s complaint did not specify under which title of the ADA she rested her claim. The district court and the Appellee interpreted the complaint to bring a claim under Title I of the ADA. However, in Appellant’s response to Appellee’s 12(b)(1) motion, she conceded that Board of Trustees of the Univ. of Ala. v. Garrett, 531 U.S. 356, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001) (declaring States immune to claims under Title I of the ADA), protects States from being sued under ADA Title I, and asserted that her claim was a retaliation claim under Title V. This was the first time Appellant asserted a specific title of the ADA under which she was bringing a claim. The district court concluded that “Plaintiff cannot defeat the preclusive effect of Garrett on her ADA claim by morphing it into a Title V action at this post-motion stage. Plaintiffs complaint simply makes no mention of a retaliatory response directed at statutorily-protected conduct.” The district court thereafter dismissed Appellant’s Title I claim as barred by Eleventh Amendment immunity under Garrett, and refused to interpret Appellant’s complaint as alleging a Title V claim. 1

The district court decided not to dismiss Appellant’s complaint in its entirety, how *24 ever, because Appellees had not adequately challenged Appellant’s Title VII and constitutional claims, and Appellant, therefore, had no notice to defend herself on those counts. 2 But the district court ordered Appellant to show cause as to why her Title VII and constitutional claims should not also be dismissed.

The district court’s order to show cause explicitly requested that Appellant (1) explain how her disability discrimination allegations gave rise to a Title VII claim, given that disabled persons are not protected under Title VII; and (2) brief whether the ADA provided an exclusive remedy for disability-based employment discrimination such that a constitutional claim based on the same facts was barred.

After requesting and receiving two time extensions, Appellant submitted a response to the district court. Appellant’s response did not, however, address the district court’s order to show cause. Indeed, the district court mused that when “[r]eading [Appellant’s response to the order to show cause, one wonders whether she or her lawyer read [the] Opinion and Order at all.” Instead, Appellant moved to amend her complaint to add a new claim of retaliation under Title V of the ADA, and a claim of age discrimination under the Age Discrimination in Employment Act (“ADEA”). On April 10, 2006, the district court dismissed Appellant’s Title VII and constitutional claims for failure to show cause, and declined to continue to exercise supplemental jurisdiction over the Commonwealth claims. The district court then denied Appellant’s motion to amend on the grounds that she could not amend because the complaint was already dismissed.

I. Discussion

A. The ADA Claim

We review de novo the district court’s order barring Appellant’s claim under the ADA against the Commonwealth on the grounds of Eleventh Amendment immunity. See In re Rivera Torres, 432 F.3d 20, 23 (1st Cir.2005). Like the district court, we interpret the Appellant’s ADA claim to have been raised under Title I.

The Supreme Court “has consistently held that an unconsenting State is immune [under the Eleventh Amendment] from suits brought in federal courts by her own citizens as well as by citizens of another State.” Edelman v. Jordan, 415 U.S. 651, 662-63, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). “Puerto Rico, despite the lack of formal statehood, enjoys the shelter of the Eleventh Amendment in all respects,” Ramirez v. P.R. Fire Serv., 715 F.2d 694, 697 (1st Cir.1983), and Eleventh Amendment immunity extends to state agencies such as Puerto Rico’s Family Department, González De Blasini v. Family Dep’t, 278 F.Supp.2d 206, 210 (D.P.R.2003).

Congress may abrogate the States’ Eleventh Amendment immunity when it unequivocally intends to do so “and acts pursuant to a valid grant of constitutional authority.” Garrett, 531 U.S. at 363, 121 S.Ct. 955 (internal quotation marks and alteration omitted). In Garrett, however, the Supreme Court invalidated Congress’s abrogation of the States’ immunity to claims under Title I of the ADA. Id. at 374, 121 S.Ct. 955.

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502 F.3d 20, 19 Am. Disabilities Cas. (BNA) 1158, 2007 U.S. App. LEXIS 21291, 2007 WL 2509847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-alamo-v-puerto-rico-ca1-2007.