Berrios-Trinidad v. Ruiz-Nazario et al

Filing 22

OPINION AND ORDER - The Court finds Defendant SIF to be immune from suit under the 11th Amendment in the instant action, and will dismiss Plaintiff's complaint against it. Signed by Judge Jaime Pieras, Jr. on 3/26/2009. (mld)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

JORGE LUIS BERRÍOS-TRINIDAD, Plaintiff v. CARLOS RUIZ-NAZARIO, et al., Defendants CIVIL NO. 08-1809 (JP)

OPINION AND ORDER Plaintiff Jorge Luis Berríos-Trinidad ("Berríos") filed the instant complaint pursuant to 42 U.S.C. § 1983 ("Section 1983") for violations of his rights under the First and Fourteenth Amendments to the United States Constitution. Specifically, Plaintiff alleges

that Defendants Puerto Rico State Insurance Fund (the "SIF"), Carlos Ruiz-Nazario ("Ruiz"), Maribel Rodríguez-Calo ("Rodríguez"), Jorge Martínez ("Martínez"), Alexis Villahermosa ("Villahermosa") against and him

Monserrate

Bayrón-Figueroa

("Bayrón")

discriminated

because of his political affiliation with the New Progressive Party ("NPP") by failing to promote him to a higher employment position.1 Defendants moved to dismiss Plaintiff's complaint (No. 11), arguing, inter alia, that they are protected from such lawsuits by

1.

T h e complaint was filed against B a y r ó n in both their official c l a r i f i e d that his damages claims c a p a c i t i e s , while Plaintiff seeks o f f i c i a l capacities (No. 12).

Ruiz, Rodríguez, Martínez, Villahermosa and and personal capacities. Plaintiff later are only against Defendants in their personal injunctive relief against Defendants in their

CIVIL NO. 08-1809 (JP) Eleventh Amendment immunity.

-2On March 6, 2009, the Court entered an

Opinion and Order (No. 19) granting in part and denying in part Defendants' motion to dismiss. As to the sovereign immunity issue,

the Court noted that case-law regarding whether the SIF is entitled to immunity is "sparse and contradictory." Finding that the issue

of whether the SIF is an arm-of-the-state for Eleventh Amendment immunity purposes is an open question in this jurisdiction, and taking the facts in the light most favorable to Plaintiff, the Court denied Defendants' motion to dismiss on sovereign immunity grounds. After the Opinion and Order (No. 19) was entered, a case came to the Court's attention that sheds further light on the issue of sovereign immunity for the SIF.2 Specifically, in Morales-González

v. J.R.T., 121 D.P.R. 249 (1988), the Puerto Rico Supreme Court examined the nature and scope of the SIF as a government agency not subject to sue and be sued. It further considered the government

function carried out by the SIF, as compared to a public corporation status of other entities. Id. This Court has previously analyzed

the Puerto Rico Supreme Court's decision in Morales-González, supra, along with the enabling statute, P.R. Laws Ann. tit. 11, §§ 6-8, and concluded that the SIF, as an arm of the state, is entitled to sovereign immunity. Ramos ex rel. Santiago v. State Ins. Fund Corp., 1994 U.S. Dist. LEXIS 5983 (D.P.R. Apr. 22, 1994). In an Opinion and

2.

T h i s case-law was not cited by the parties in their briefs on Defendants' m o t i o n to dismiss.

CIVIL NO. 08-1809 (JP)

-3-

Order written by Magistrate Judge Antonio Castellanos and adopted by Judge Héctor Laffitte (No. 70), the Court found that the SIF undoubtedly exercises a significant government function. Id.

Specifically, the Executive Branch of the government controls the SIF and appoints its manager, the SIF's budget must be submitted for the approval of the Governor, and the SIF must present an annual report to the Legislature of Puerto Rico. Id. The SIF may not acquire

property, except under certain limitations imposed by statute. Although the SIF's employees were granted the right to collective bargaining, they are not empowered to strike. Finally, the merit

principle of the Personnel Act for the Commonwealth of Puerto Rico permeates the recruitment and permanency of the SIF's workforce. Id. Accordingly, this Court finds the SIF to be immune from suit under the Eleventh Amendment in the instant action, and will dismiss Plaintiff's complaint against it. The Court's prior holding as to

Defendants Ruiz, Bayrón, Martínez, Villahermosa is unchanged. Given that Plaintiff has clarified that he brings his claims against said Defendants in their official capacity for injunctive relief only, these claims are not shielded v. by Eleventh States Amendment HUD, 421 immunity F.3d 1

principles.

Redondo-Borges

United

(1st Cir. 2005) (holding that Eleventh Amendment immunity does not bar prospective injunctive relief against official capacity

defendants).

CIVIL NO. 08-1809 (JP) In conclusion, the Court

-4will enter a separate judgment

dismissing with prejudice Plaintiff's complaint against the SIF. IT IS SO ORDERED. In San Juan, Puerto Rico, this 26th day of March, 2009.

s/Jaime Pieras, Jr. JAIME PIERAS, JR. U.S. SENIOR DISTRICT JUDGE