Velazquez v. Quinones

550 F.Supp.2d 243

Edgardo Cruz VELAZQUEZ, et al., Plaintiffs v. Angel D. Rodriguez QUIÑONES, et al., Defendants.

Civil No. 03-1255 (FAB).

United States District Court, D. Puerto Rico.

August 2, 2007.

COPYRIGHT MATERIAL OMITTED

Fredeswin Perez-Caballero, Jesus M. Hernandez-Sanchez, Hernandez Sanchez Law Firm, San Juan, PR, for Plaintiffs.

Felix M. Roman-Carrasquillo, Idza Diaz-Rivera, P.R. Department of Justice-Federal Litigation, Javier I. Arbona, Yassmin Gonzalez-Velez, Quinones, Sanchez & Guzman, PSC, Jose Enrico Valenzuela-Alvarado, Department of Justice, Director of Legal Affairs, Elfrick Mendez-Morales, Mendez & Mendez, San Juan, PR, Gary H. Montilla-Brogan, Aldarondo & Lopez Bras, Guaynabo, PR, for Defendants.

OPINION AND ORDER

BESOSA, District Judge.

On March 10, 2003, plaintiffs Edgardo Cruz-Velazquez ("Cruz-Velazquez") and his wife Judith Velazquez-Rivera (collectively "plaintiffs"), filed suit against several employees as well as the current and some former administrators of the Administracion de Reglamentos y Permisos (Regulations and Permits Administration) ("ARPE")(collectively "defendants"), alleging civil rights and due process violations pursuant to 42 U.S.C. §§ 1983 & 1985, as well as supplemental state law claims under Puerto Rico's general tort statute, P.R. Laws Ann. tit. 31 § 5141 (Docket No. 1). On March 30, 2007, defendants moved for summary judgment on plaintiffs' claims (Docket Nos. 93, 94). On May 2, 2007, plaintiffs opposed the motion (Docket Nos. 98, 102). For the reasons discussed below, the Court GRANTS defendants' motion for summary judgment.

FACTUAL BACKGROUND

Cruz-Velazquez is a supporter of the New Progressive Party ("NPP"). On April 17, 1997, Cruz-Velazquez was appointed and sworn to the position of Director of Human Resources in ARPE. The position had previously been classified as a career position. On April 8, 1997, before Cruz-Velazquez was appointed, the position was reclassified as a trust position. The then Administrator of ARPE, Carlos Gonzalez-Sanchez, and the director of the Central Office for Personnel Administration ("OCALARH"), Aura L. Gonzalez-Rios, recommended the change because the position had acquired the characteristics of a trust position.

On August 18, 1998, Cruz-Velazquez was appointed to a career position within ARPE as Administrative Official V. On February 16, 1999, he was given regular status as Administrative Official V. At the same time he was again appointed to the trust position of Director of Human Resources.

On August 1, 2000, ARPE reclassified (again) the position of Director of Human Resources as a career position. This reclassification, however, was not approved by OCALARH, which is charged with ensuring that any changes in classification are made in compliance with personnel laws. In November 2000, general elections were held in Puerto and the Central Government changed hands from the NPP to the Popular Democratic Party ("PDP"). Pursuant to Puerto Rico law, there is a general prohibition from making any personnel transactions two months before and two months after a general election.¹

On June 6, 2002, Cruz-Velazquez was served with copy of an administrative complaint filed against him. The complaint detailed the charges that were being brought against him and set the date for a hearing where he would be able to defend himself from the charges. The letter also informed him of his right to appeal any decision to the Administration System Board of Appeals ("JASAP"). On June 10, 2002, Cruz-Velazquez was informed that he was suspended with pay from his position until a final determination was made. On July 11, 2002, a hearing was held where Cruz-Velazquez, represented by an attorney, was allowed to present evidence in his defense. On August 7, 2002, ARPE Administrator Angel D. Rodriguez-Quiñones sent Cruz-Velazquez a letter notifying him of his decision to terminate his employment with ARPE effective August 16, 2002.

On November 26, 2002, the position of Director of Human Resources was once again reclassified as a trust position.

DISCUSSION

A. Summary Judgment Standard

The court's discretion to grant summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure. Rule 56 states, in pertinent part, that the court may grant summary judgment only if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c); See also Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir.2000).

Summary judgment is appropriate if "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." See Fed.R.Civ.P. 56(c). The party moving for summary judgment bears the burden of showing the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Once a properly supported motion has been presented before the court, the opposing party has the burden of demonstrating that a trial-worthy issue exists that would warrant the court's denial of the motion for summary judgment. For issues where the opposing party bears the ultimate burden of proof, that party cannot merely rely on the absence of competent evidence, but must affirmatively point to specific facts that demonstrate the existence of an authentic dispute. See Suarez v. Pueblo Int'l, Inc., 229 F.3d 49 (1st Cir. 2000).

For a factual controversy to prevent summary judgment, the contested facts must be "material" and the dispute must be "genuine". "Material" means that a contested fact has the potential to change the outcome of the suit under governing law. The issue is "genuine" when a reasonable jury could return a verdict for the nonmoving party based on the evidence. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). It is well settled that "[t]he mere existence of a scintilla of evidence" is insufficient to defeat a properly supported motion for summary judgment. Id. at 252, 106 S.Ct. 2505. It is therefore necessary that "a party opposing summary judgment must present definite, competent evidence to rebut the motion." Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994).

In making this assessment, the court "must view the entire record in the light most hospitable to the party opposing summary judgment, indulging in all reasonable inferences in that party's favor." Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990). The court may safely ignore "conclusory allegations, improbable inferences, and unsupported speculation." Medina-Muñoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

B. Defendants' Motion for Summary Judgment

1. Section 1983 Claims

"Section 1983 affords redress against a person who, under color of state law, deprives another person of any federal constitutional or statutory right." Omni Behavioral Health v. Miller, 285 F.3d 646, 650-51 (8th Cir.2002); see also Cruz-Erazo v. Rivera-Montanez, 212 F.3d 617, 621 (1st Cir.2000). In order for a claim to be cognizable under section 1983, plaintiffs must plead and prove three elements: (1) that the defendants acted under color of state law; (2) that the plaintiffs were deprived of federally protected rights, privileges, or immunities; and (3) that the defendants's alleged conduct was causally connected to the plaintiffs' deprivation, Gutierrez-Rodriguez v. Cartagena, 882 F.2d 553, 558 (1st Cir.1989). Hence, to succeed in a section 1983 action, plaintiffs must prove that defendants actions were a cause in fact or a proximate cause of their injury. See Collins v. City Harker Heights, 503 U.S. 115, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992).

a. Political Discrimination

"In general, a public employee may not be fired solely because of his political affiliation." Rosenberg v. City of Everett, 328 F.3d 12, 17 (1st Cir.2003)(quoting Branti v. Finkel, 445 U.S. 507, 517, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980); Elrod v. Burns, 427 U.S. 347, 373, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976)). "Dismissal based on political patronage is permissible, however, if `the hiring authority can demonstrate that party affiliation is an appropriate requirement for the effective performance of the public office involved.'" Id. (quoting Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236, 240 (1st Cir.1986))(quoting Branti, 445 U.S. at 518, 100 S.Ct. 1287). "Political discharge is permitted to give a new administration an opportunity to fulfill expectations by surrounding itself with agency leaders and top subordinates responsive to the elected officials' goals.'" Id. (quoting Flynn v. City of Boston, 140 F.3d 42, 46 (1st Cir. 1998)). "Whether or not a position is subject to political discharge is a legal question for the courts." Id. at 18.

Party affiliation is an appropriate requirement for a public position if (1) "the discharging agency's functions entail `decisionmaking on issues where there is room for political disagreement on goals or their implementation,'" and (2) "the particular responsibilities of the plaintiff's position resemble those of a policymaker, privy to confidential information, a communicator, or some other office holder whose function is such that party affiliation is an equally appropriate requirement for continued tenure."

Id. (quoting Rosenberg v. City of Everett, 328 F.3d 12, 18 (1st Cir.2003); Jimenez Fuentes, 807 F.2d at 241-42).

Defendants argue that it was proper for ARPE to remove plaintiff from his position because, its designation as a career position notwithstanding, the position of Director of Human Resources is a trust position in view of its description, and thus is one which is subject to free selection and removal. They further argue that the change in the position's...