Araya-Ramirez v. Office of the Courts Admin.

HON. EVA ARAYA-RAMIREZ, Plaintiff, v. OFFICE OF THE COURTS ADMINISTRATION, et al., Defendants.

Civil No. 14-1619 (DRD)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

August 31, 2015

OPINION AND ORDER

Honorable Eva Araya-Ramirez ("Plaintiff" or "Araya-Ramirez") filed an Amended Complaint on December 3, 2014 (Docket No. 12) against Defendants Office of the Courts Administration ("OCA"), Hon. Liana Fiol-Matta, Hon. Isabel Llompart-Zeno, and Hon. Sonia I. Velez-Colon, all in their official and personal capacities, alleging employment discrimination and retaliation under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Additionally, Plaintiff brings forth claims pursuant to sections 1, 8, and 16 of Article II of the Constitution of the Commonwealth of Puerto Rico for alleged violations of Plaintiff's right to dignity, reputation, and honor and under Article 1802 of the Puerto Rico Civil Code, 31 L.P.R.A. § 5141.

I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

In 1995, Plaintiff was appointed as Superior Judge for the General Court of Justice in Puerto Rico, a position she occupied until 2007. During her term in office, Plaintiff was assigned to the Carolina Superior Court, which is in close proximity to her residence, where she was assigned to a Civil Law courtroom.

In 2001, Plaintiff was diagnosed with Fibromyalgia, "a common musculoskeletal syndrome characterized by general pain, irregular sleep patterns, fatigue, and a wide range of secondary symptoms." Docket No. 12, at ¶ 11. As a result, Plaintiff constantly suffers from "chronic pain and fatigue, absence of stamina, brain fog, severe headaches, pain in neck, back, shoulders, legs, and feet," among other symptoms. Id. at ¶ 12. These symptoms adversely affect Plaintiff's ability to concentrate, sleep, and work for long periods of time, and are exacerbated by stress and excess fatigue.

On or about June 2, 2010, Plaintiff was once again appointed Superior Judge, the position she currently holds. Immediately after being appointed, Plaintiff requested the OAC, through Anabel Solá, Director of the Office of Judicial Support, the same arrangement she had during her first tenure as Superior Judge: to be assigned to a Civil Law courtroom in the CarolinaSuperior Court and to be supplied with ergonomic office equipment.

Notwithstanding her request, Plaintiff was assigned to the Humacao Superior Court to preside over the Minors and Family integrated courtrooms. At the time, there was an open position at the Carolina Superior Court, as former Judge Carolina Lydia Couvertier was retiring.

On or around June 25, 2010, Plaintiff transcribed a letter to the Hon. Federico Hernández Denton, the former Chief Justice of the Supreme Court of Puerto Rico, regarding her reasonable accommodation requests, to no avail. On July 6, 2010, Plaintiff was formally advised that she would remain assigned to the Humacao Court.

On July 11, 2010, Plaintiff wrote a second letter to Judge Hernández Denton explaining her situation and emphasizing that her reasonable accommodation requests had gone unheeded.

On July 14, 2010, Plaintiff wrote an email to Judge Hernández Denton once again detailing her efforts to be assigned to the Carolina Court. According to Plaintiff, she received a non-response from Hon. Judge Hernández Denton, who stressed that God would help her in her new assignment.

On July 20, 2010, Defendant Sonia Vélez Colon responded to the email Plaintiff had sent to Judge Hernández Denton asserting that Plaintiff's assignment to the Humacao Court was obligatory.Defendant Vélez Colon referenced Plaintiff's 2007 application, wherein she stated that she was willing to work at another municipality if needed.

During the following two years, Plaintiff performed her functions in Humacao. However, the lengthy commute eventually started taking its toll on Plaintiff's health and her Fibromyalgia symptoms began to worsen.

On or around February 14, 2012, Plaintiff wrote to Sonia Vélez Colon and Judge Hernández Denton regarding her designation as the President of the Local Commission of Humacao. Plaintiff requested to be released from her designation as President of the Local Commission of Humacao and requested, once again, a transfer to Carolina. No answer was received.

Over the course of the following weeks, Plaintiff wrote to Hon. Judge Hernández Denton and Sonia Vélez Colon on three occasions, restating her disability and accentuating that all of her medical appointments are in the "San Juan area." Docket No. 12, at ¶¶ 22 and 23.

On or around March 20, 2012, Sonia Vélez Colon released Plaintiff from her designation as President of the Local Commission of Humacao.

On or around March 23, 2012, Plaintiff emailed Hon. Judge Hernández Denton about her request to transfer to the Carolina Superior Court. In said email, she emphasized that hercondition was incurable and that there were several unfilled judicial positions in Carolina.

On or around July 20, 2012, Sonia Vélez Colon emailed Plaintiff and requested that she resubmit all of her medical evidence pertaining to her reasonable accommodation request.

On or around August 6, 2012, Plaintiff once again emailed Hon. Judge Hernández Denton about her reasonable accommodation request, emphasizing that her life has become more onerous since becoming a widow, as she now has to take care of all the household necessities on her own. She further accentuated that there were vacancies in the Carolina Superior Court.

On that same date, Judge Hernández Denton emailed Plaintiff and informed her that all of her of prior messages had been sent to the attention of Sonia Vélez Colon. He asserted that a decision would be reached once Plaintiff had resubmitted her medical information.

On September 5, 2012, Plaintiff submitted to Sonia Vélez Colon a new medical certification from her rheumatologist, Salvador Vilá, M.D., via email justifying her request for reasonable accommodations. In short, Dr. Vilá emphasized that a transfer to Carolina would suit Plaintiff well, as her body would have more time to rest.

On or about March 1, 2013, Plaintiff was transferred to the San Juan Superior Court by administrative order. At the time,there were six (6) vacancies in Carolina, all of which were assigned to newly appointed judges. On March 11, 2013, Plaintiff filed an administrative complaint before the Equal Employment Opportunity Commission ("EEOC") who, on March 21, 2013, issued a Letter of Determination ordering the Office of Courts Administration to provide Plaintiff with reasonable accommodations by no later than June 27, 2013. No such action was taken.

In the meantime, Plaintiff continued presiding the Court of Minors and Child Abuse and the San Juan Juvenile Drug Court. Plaintiff's commute continued affecting her health, forcing her to request flexible work time from Defendant Hon. Isabel Llompart Zeno. This request was denied.

On May 12, 2014, the EEOC issued Plaintiff a Right to Sue Letter.

On or about June 30, 2014, Plaintiff was reassigned to Civil Court in Room 902. At the time, Plaintiff had been presiding over the Court of Minors and Child Abuse for four years and had become well versed in the nature of said proceedings. Plaintiff had requested not to be reassigned to a different courtroom, as any stressful change could worsen her medical condition. On that same date, Plaintiff sent an email to Sonia Vélez Colon asking to be reassigned to the Court of Minors and Child Abuse.

Plaintiff and Sonia Vélez Colon exchanged emails on July 9 and 10, 2014, wherein Sonia Vélez Colon indicated that she would call her, but never did.

Around that same time, Plaintiff sent a request to Defendant Hon. Isabel Llompart Zeno regarding her law clerk. In essence, Plaintiff requested that her prior law clerk be reassigned with her to Courtroom 902. The request was denied.

Since her transfer to Courtroom 902, Plaintiff has been assigned more cases than originally anticipated, some of which have been highly contentious. In addition, Plaintiff's courtroom does not have air-conditioning. Hence, Plaintiff's medical condition has taken yet another turn for the worse, as she is suffering from too much stress, anxiety, depression, and severe fatigue.

On December 31, 2014, Defendants filed a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Docket No. 15) arguing, inter alias, that individual capacity suits under ADA are not cognizable, that Defendants are shielded by the doctrine of sovereign immunity, and that Plaintiff is not entitled to injunctive relief. Defendants assert that part of Plaintiff's ADA claim is time-barred, that Plaintiff has failed to show that she is a protected individual under the law, and that her transfer to the San Juan Superior Court was not unreasonable.

On February 6, 2015, Plaintiff filed its opposition to Defendants' motion (Docket No. 20). Therein, Plaintiff concedes that there is no personal or individual liability under Title I of the ADA, thereby precluding any cause of action against state agents in their personal capacity. Plaintiff further acknowledges that the doctrine of sovereign immunity in disability discrimination causes of action under Title I of ADA precludes monetary damages against the state, thereby also shielding individual defendants in their official capacity from an adverse monetary judgment under the ADA. However, Plaintiff maintains that she is entitled to monetary damages under Puerto Rico law.

Notwithstanding, Plaintiff strenuously argues that she is a disabled individual under the ADA as a result of her Fibromyalgia condition and that she is qualified to perform her job functions. In addition, Plaintiff contends that Defendants have failed to satisfy their burden of showing that Plaintiff's reasonable accommodation request would constitute an undue hardship on the judicial system. Lastly, Plaintiff avers that sufficient facts have been pleaded to support her retaliation claim.

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