Torres v. Junto De Gobierno De Servicio De Emergencia
2015 U.S. Dist. LEXIS 30601
D.P.R.2015Background
- Plaintiff Blanco-Torres alleges disability and age discrimination under ADA, ADEA, Section 1983, Law 44, and Law 100 after termination from the Board in March 2013.
- Parkinson’s disease and Deep Brain Stimulation informed accommodation requests, which were not pursued after a new administration took office in 2012.
- Plaintiff’s March 1, 2013 termination followed meetings with HR and board members and his March 2013 termination notice.
- Plaintiff filed EEOC charge on March 1, 2013; Right to Sue notice issued August 28, 2014; amendments added Laws 44 and 100 in December 2014.
- Defendants move to dismiss under Rule 12(b)(5) for insufficient service of process and under Rule 12(b)(6) for failure to state claims; the court grants in part and denies in part.
- The court addresses service of process, ADA Title II viability, Eleventh Amendment considerations, ADEA and §1983/time-bar issues, and tolling for Laws 44/100.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper service of process over Board and Fuentes | Rivera authority to receive service; defects curable | Rivera not authorized; service defective | Service defective but curable; quash and require proper re-service by deadline |
| ADA Title II applicability to employment discrimination against public entities | Title II covers employment discrimination; Board/Fuentes liable | Title II unclear; possible reliance on Title I/Eleventh Amendment | Title II can authorize employment discrimination claims against public entities; ADA claim against Board/Fuentes in official capacity survives |
| ADA individual liability, retaliation, and ADEA claims | Claims pleaded or can be cured; preserve for adjudication | No individual liability under Title I; retaliation and ADEA lack sufficient facts | ADA claim against Fuentes in his individual capacity dismissed with prejudice; retaliation claim dismissed with prejudice; ADEA claims dismissed with prejudice |
| §1983 claim timeliness and tolling under Law 44/100 | §1983 timely; tolling via EEOC filing for Law 44/100/ADA claims | §1983 time-barred; tolling not applicable to federal claims | §1983 claim time-barred and dismissed with prejudice; Law 44/100 tolling applied to toll limitations; Law 44/100 claim dismissed without prejudice |
| Eleventh Amendment sovereign immunity for Law 44 claim | Law 44 claim can proceed in federal court; damages may be available | Eleventh Amendment bars damages under Law 44 | Law 44 claim denied on Eleventh Amendment grounds; may re-file in Commonwealth court without prejudice |
Key Cases Cited
- Currie v. Grp. Ins. Comm’n, 290 F.3d 1 (1st Cir.2002) (Title II ambiguity; deference to DOJ regulation possible under Chevron)
- Nieves-Marquez v. Puerto Rico, 353 F.3d 108 (1st Cir.2003) (damages under Title II; animus considerations for emotional distress claims)
- Rodriguez-Torres v. Caribbean Forms Mfr., Inc., 399 F.3d 52 (1st Cir.2005) (tolling of limitations for federal claims under Puerto Rico law concerns)
- Rivera Flores v. Cia. ABC, 138 D.P.R. 1 (P.R. Offic. Trans.) (tolling/EEOC interaction with Law 100/44 claims; Puerto Rico practice)
- Quinones Roman v. Cia. ABC, 152 D.P.R. 367 (P.R. Offic. Trans.) (strict compliance in service of process; Eleventh Amendment context)