Case 3:17-cv-02362 Document 1 Filed 12/15/17 Page 1 of 80

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

MARÍA RÍOS MATIENZO; JULIO ORTIZ RESTO; CARLOS GUERRA CRUZ; JOSÉ FUENTES CRUZ; CARMEN PABÓN COTTEA; REY ANDINO PLAZA; RAMÓN RIVERA LÓPEZ; WILFREDO DÍAZ CIVIL NO. 17-2362 JIMÉNEZ; ELI DÍAZ JIMÉNEZ; BENYAMIL MORALES COLON; KELVY SANTIAGO RODRÍGUEZ; ELIZABETH COLON RODRÍGUEZ; ADOLF MORALES RUIZ; XIOMARA RIVERA CIVIL RIGHTS VIOLATIONS CABRERA; CARLOS CIRINO ROBLES; HÉCTOR JURY TRIAL REQUESTED FIGUEROA VÁZQUEZ; YACELYN GONZÁLEZ BERRIOS; RAMÓN CALOCA TORRES; ILVIZ TORRES GONZÁLEZ; LYNNETTE LÓPEZ OJEDA; PIERRE VEGA ALAMEDA; EMANUEL CORREA COLON; HÉCTOR SANTIAGO HERNÁNDEZ; FRANCISCO REYES NEGRÓN; HORIDEL PONS ANAYA; GISELLE OCASIO MORALES; JESÚS PÉREZ MUÑIZ; GAMALIER CARDONA SÁNCHEZ; JENNIFER HERNÁNDEZ ADORNO; JEAN CARLOS COLON RIVERA; LUIS OJEDA RODRÍGUEZ; JONATHAN TORRES OVALLES; NANCY LÓPEZ MORALES; ILEANA PÉREZ MÉNDEZ; DAVID SILVA IRIZARRY; JULIA RODRÍGUEZ LÓPEZ; LOURDES RUIZ ANDINO; JESSICA RIVERA FERRER; NOEL BERRIOS RODRÍGUEZ; JOSÉ RIVERA PARILLA; JOSÉ MELÉNDEZ LEBRÓN; LARRY RONDÓN VÁZQUEZ; CARLOS KUIDLAND DÍAZ; ANA RODRÍGUEZ SANTANA; VÍCTOR RODRÍGUEZ FUENTES III; RAMPHIS BÁEZ CALDERÓN; IRVING BILLIGUE RAMOS; CHRISTOPHER DECENE GARCÍA; KEISHLA RESTO SANTIAGO; FELIZ RIVERA ROLON; JENNIFER ESTRADA DÍAZ; DENISE RIVERA COLON

Plaintiffs

v.

THOMAS RIVERA-SCHATZ, President of the Senate of the Commonwealth of Puerto Rico, and as a representative of the conjugal partnership composed with his spouse; ROBERTO MALDONADO-VELEZ, Administrative Secretary of the Senate of the

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Commonwealth of Puerto Rico, and as representative of the conjugal partnership composed with his spouse; GABRIEL HERNANDEZ Chief of Staff of the President of the Senate of the Commonwealth of Puerto Rico, and as representative of the conjugal partnership composed with his spouse. All in their personal and official capacities

Defendants

VERIFIED COMPLAINT

TO THE HONORABLE COURT:

NOW COME the Plaintiffs, through the undersigned attorneys, and very respectfully state, allege and pray:

I. JURISDICTIONAL STATEMENT

1. This is a civil action filed by fifty two (52) former employees of the Senate of the

Commonwealth of Puerto Rico, asserting that following the general elections of November 2016, they were summarily dismissed and replaced without cause by the newly elected President of the

Senate Thomas Rivera-Schatz, in concert with the other defendants, simply because they were members of the Popular Democratic Party or, were perceived as such or, were perceived as non- members of the New Progressive Party. All plaintiffs allege a violation under the First

Amendment, as well as under the laws and Constitution of Puerto Rico, and pray equitable relief in the form of reinstatement, and legal relief in the form of economic and punitive damages, pursuant to the Civil Rights Act of 1866, 42 U.S.C. §1983. As this is a civil action brought pursuant to the laws and Constitution of the United States, this Court has jurisdiction over this action pursuant to 28 U.S.C. §1331. This Court also has supplemental jurisdiction over all claims arising under the laws and Constitution of Puerto Rico pursuant to 28 U.S.C. §1367. Venue is proper under 28 U.S.C. §1391(b).

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II. THE PARTIES 2. The plaintiffs are:

a. María Ríos-Matienzo

b. Julio Ortíz-Resto

c. Carlos Guerra-Cruz

d. José Fuentes-Rodríguez

e. Carmen Pabón-Cottea

f. Rey Andino-Plaza

g. Ramón Rivera-López

h. Wilfredo Díaz-Jiménez

i. Eli Díaz-Jiménez

j. Benyamil Morales-Colón

k. Kelvy Santiago-Rodríguez

l. Elizabeth Colón-Rodríguez

m. Adolf Morales-Ruiz

n. Xiomara Rivera-Cabrera

o. Carlos Cirino-Robles

p. Héctor Figueroa-Vázquez

q. Yacelyn González-Berríos

r. Ramón Caloca-Torres

s. Ilviz Torres-González

t. Lynnette López-Ojeda

u. Pierre Vega-Alameda

v. Emanuel Correa-Colón

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w. Héctor Santiago-Hernández x. Francisco Reyes-Negrón y. Horidel Pons-Anaya z. Giselle Ocasio-Morales aa. Jesús Pérez-Muñiz bb. Gamalier Cardona-Sánchez cc. Jennifer Hernández-Adorno dd. Jean Carlos Colón-Rivera ee. Luis Ojeda-Rodríguez ff. Jonathan Torres-Ovalles gg. Nancy López-Morales hh. Ileana Pérez-Méndez ii. David Silva-Irizarry jj. Julia Rodríguez-López kk. Lourdes Ruiz-Andino ll. Jessica Rivera-Ferrer mm. Noel Berríos-Rodríguez nn. José Rivera-Parilla oo. José Meléndez-Lebrón pp. Larry Rondón-Vázquez qq. Carlos Kuidland-Díaz rr. Ana Rodríguez-Santana ss. Víctor Rodríguez-Fuentes III

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tt. Ramphis Báez-Calderón

uu. Irving Billigue-Ramos

vv. Christopher Decene-García

ww. Keishla Resto-Santiago

xx. Félix Rivera-Rolón

yy. Jennifer Estrada-Díaz

zz. Denise Rivera-Colón

3. Each and all of the plaintiffs are members of the Popular Democratic Party (hereinafter

“PDP’) or are not affiliated to the New Progressive Party (hereinafter “NPP”).

4. Prior to the 2016 General Election, each and all plaintiffs were employed at the Senate of the Commonwealth of Puerto Rico as employees that performed administrative functions.

5. None of the plaintiffs performed public policy functions.

6. None of the plaintiffs performed functions of close propinquity to policy making employees or otherwise had access to confidential information concerning public policy making.

7. Neither the defendants, or their agents, employees nor representatives evaluated the job performance of any of the plaintiffs prior to terminating their employment, because if they had they would have found the execution of the plaintiffs as complying satisfactorily with their functions, if not excellent.

8. The plaintiffs are humble, working class Puerto Rican men and women that were terminated and left without a job, for the sole reason that they did not belong to the political party of the new President of the Senate of the Commonwealth of Puerto Rico, defendant

Thomas Rivera-Schatz (hereinafter “Rivera-Schatz”), and his fellow co-defendants.

9. All plaintiffs were replaced by new employees affiliated with the NPP.

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10. Defendant Rivera-Schatz was elected Senator in the 2016 general elections held on

November 2016 and was elected to be the President of the Senate on January 2, 2017. However, this did not stop him from implementing his purge of PDP employees before January 2, 2017.

11. Defendant Rivera-Schatz is the nominating authority at the Senate and approves or disapproves all personnel decisions including the personnel decisions concerning the termination of each plaintiff. He is sued in his individual and official capacities for legal and equitable relief.

He is a member of the NPP.

12. Defendant, Roberto Maldonado-Vélez is the Administrative Secretary of the Senate of the Commonwealth of Puerto Rico, participated in the decision to terminate the employment of the plaintiffs. He is sued in his individual and official capacities. He is a member of the NPP.

13. Defendant Gabriel Hernández, Chief of Staff of the President of the Senate of the

Commonwealth of Puerto Rico, participated in the decision to terminate the employment of the plaintiffs. He is sued in his individual and official capacities. He is a member of the NPP

III. STATEMENT OF FACTS General to all plaintiffs

14. Defendants all belong to the NPP, the political party which assumed the direction of the

Puerto Rico Government, including the Senate, on January 2017. Defendants’ know that plaintiffs were associated to a political party different to the NPP or their perception thereof is evidenced from certain facts which, considered either by themselves or in combination, are clear proof thereof. Such facts include, but are not limited to, the following:

a. Plaintiffs were harassed, mocked and politically discriminated after the NPP won

the general elections;

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b. Plaintiffs were terminated from employment immediately after the defendants

assumed administration and control of the Senate, a period so brief that it evidences

that defendants were motivated by their knowledge of plaintiffs’ political

associations and by discriminatory animus; c. Each and all plaintiffs were dismissed by termination letters that fail to state any

reason whatsoever for the dismissal, a fact that indicates that the defendants did not

engage in any examination of plaintiffs’ performance, abilities or functions and

were motivated instead by animus towards the plaintiffs’ political associations; d. Practically all the plaintiffs were immediately substituted in their positions, a fact

that evidences that their functions were still necessary and that their termination

was not in consecution of fiscal or reorganization concerns. This constitutes proof

that defendants, in terminating plaintiffs, were motivated instead by animus towards

the plaintiffs’ political associations; e. Practically all plaintiffs were substituted in their positions by members of the NPP,

a fact that evidences that defendants wanted to have NPP affiliates in the positions

that plaintiffs formerly occupied thus, proving that plaintiffs were terminated

because they belong to a party different from that which now holds the executive

office; f. The political discrimination perpetrated against plaintiffs in terminating their

employment was so obvious that there are incidents, to which plaintiffs can attest

to, establishing that the new employees that came as substitutes were obviously

known NPP’ers, and that the decision to terminate was made in haste and concerted

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fashion by the defendants to accommodate NPP members to the Senate’s positions

previously held by plaintiffs; g. Plaintiffs were active participants or identified as participants of the political

campaigns of PPD candidates to the Senate, including then incumbent President of

the Senate Eduardo Bhatia (hereinafter referred to as “Bhatia”); h. None of the plaintiffs participated in political activities or campaign in support of

NPP candidates; i. In fact, in the Senate, it was well known by all employees and senators at all times

who belonged to which party as affiliations were routinely discussed very openly

and there was even interaction between employee groups affiliated to the two main

political parties; j. Plaintiffs’ political affiliation was also known given the year of the recruitment for

their positions in the Senate, even though they did not occupy trust positions; k. Plaintiffs can attest that after the elections NPP’ers made comments to the effect

that PDP’ers had their “days numbered,” that “it was their turn” and that they were

going to accommodate the NPP’ers accordingly; l. Plaintiffs can attest that defendant Gabriel Hernández, as Chief of Staff of the

President of the Senate, had personal knowledge of their political affiliation to the

PDP, and used said knowledge, in concert with the other defendants, as a basis to

determine which employees to terminate after defendant Rivera-Schatz was

appointed as the Senate’s President; m. Plaintiffs can attest as to being fully identified as PDP’ers in their daily interactions

with NPP employees and senate members which routinely made comments such as

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NPP’s would say that “we are going to fire you” at the area; “That Rivera-Schatz

was going to fire you”; On January 2017, former NPP Senate President, Charlie

Rodríguez, told a plaintiff “God help you in retaining your job, being PDP” (“ Dios

quiera que no te boten por ser Popular”); NPP Senator Angel “Chayanne” Martínez

would tell this plaintiff “he wished she would stay”; NPP Senator Carmelo Ríos

sitting in a cafe table with former PDP Senator Angel Rosa, told this plaintiff that

he also “wished she would stay”; n. Plaintiffs may attest that some NPP’ers would say “we are going to fire you” at the

working area and that Rivera-Schatz and his staff was going to fire them; o. Current minority senate members, such as senator Bhatia, can attest to the fact that

plaintiffs’ political affiliations were widely known by senators and their staff; p. Practically all of the plaintiffs actively participated in political campaigns for PDP

candidates to the Senate and were members of their advanced teams (“avanzadas”),

most of them in favor of senator Bhatia, former PDP President of the Senate; q. Also, Facebook was a good source to ascertain their political affiliations and was

used to do so; r. When plaintiffs were retrieving their personal property, NPP employees were

laughing at them and mocking at them; s. Many, if not all of the NPP who came to replace the plaintiffs, were part of a federal

litigation against the former president Bhatia. In the relevant complaints they

alleged being part of NPP and how that was well known in the Senate; t. Prior to Rivera-Schatz’s election for the second time as President of the PR Senate,

he was the minority leader during the years from January 2013 to December 2016;

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u. During this time, he monitored the hiring during those four years and understood

and believed those hired were members of the PDP, namely the plaintiffs in this

case;

v. Rivera-Schatz was determined to have these persons removed, regardless of their

abilities, and/or competence, so as to return former NPP staff which had being

terminated under Bhatia’s presidency;

w. All he needed was the power of the Presidency which he got shortly after the

general elections of 2016;

x. He quickly verified the examination of files and the preparation of lists by his

fellow defendants;

y. He utilized the functions of the transition of power to obtain information, in

particular the identities of the PDP employees;

z. Once in power in January 2017, he wasted no time and set forth and empowered the

other defendants to quickly hire NPP staff and fire PDP employees;

MARIA RIOS-MATIENZO

15. Plaintiff María Ríos-Matienzo (hereinafter “Ríos-Matienzo”), is of legal age, single, resident of Puerto Rico and a citizen of the United States of America.

16. Plaintiff Ríos-Matienzo first worked during the period of 2000-2005 under the presidency of PDP Carlos Vizcarrondo as a cook in charge of the Café Salón. Vizcarrondo asked her to occupy the position because he knew her beforehand in prior PDP political activities.

17. When the NPP won the elections and José Aponte became President of the House of

Representatives, she was terminated from her employment due to her political affiliation with the

PDP.

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18. In 2013, under the PDP administration, then President of the Senate Bhatia called her as a cook at the Salon Café. She was appointed to the position of, Cook Assistant (“Ayudante de

Cocina”) with a fixed salary.

19. Plaintiff’s functions required manual competence, cooking competence and efficient performance, not political affiliation. As part of her duties, she cooked foods and deserts for all members and for special activities. She tendered and served them. She was supervised by the

Chef.

20. Salon Café fell under the Sergeant of Arms Division (“Sargento de Armas”).

21. Before the elections it was commented that a list of PDP employees that would be dismissed existed.

22. On January 2, 2017, she went to work and found that Rivera-Schatz’s cousin “Karen” was at the Salon Café - in front of a full audience- shouting “The PDP’s are doomed” (“se acabaron los populetes”). Plaintiff became aware of the fact that Karen on or about January

2017, prior to her employment termination, was engaged under a part time contract to assume plaintiff’s duty of cooking deserts.

23. Also, on January 2, 2017, Juan Carlos Rodríguez, an NPP son of a former NPP mayor of

Toa Alta, Angel Rodríguez alias “el Buzo”, was appointed by Rivera-Schatz as Chef of the Café

Salon.

24. On January 18, 2017, Karen commented to plaintiff that Rivera-Schatz no longer wanted plaintiff to cook the deserts. She was at all times talking about the elections, the advanced teams and partisan political matters.

25. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

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26. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

27. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 30, 2017 that basically informed her that the position she held was one of trust and as such, she was being terminated effective that day.

28. The position has no trust functions.

29. The reason that plaintiff’s job was terminated was because defendants knew or assumed that she belonged to the PDP and/or was not a known member of the NPP.

30. Plaintiff was openly affiliated to the PDP.

31. Plaintiff was a member of the advanced teams of former PDP Senate President Bhatia in

2016. She also participated routinely in political meetings at the PDP headquarters building in

Puerta de Tierra, Old San Juan. She always had been an electoral poll officer for the PDP elections.

32. The newly appointed Sergeant of Arms, “Dr. Talaveras”, told her that he had good references of her but that did not matter and suggested that he was forced to hand her the termination letter.

33. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of defendant Rivera-Schatz, the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

GISELLE OCASIO-MORALES

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34. Plaintiff Giselle Ocasio-Morales (hereinafter “Ocasio-Morales”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

35. Plaintiff Ocasio-Morales commenced working at the Senate of the Commonwealth of

Puerto Rico on February 19, 2013. She held the position of Purchasing Agent (“Agente

Compradora”) under the Purchasing and Services Office.

36. As set forth in the job description, as a purchaser agent her duties were to get quotes and buy goods and services as required.

37. Plaintiff’s functions were of a routine nature and certainly a non-policy making one, but instead simply required efficient performance, not political affiliation.

38. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

39. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

40. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

41. The position has no trust functions.

42. The reason that plaintiff’s job was terminated was because defendants knew or assumed that she belonged to the PDP and/or was not a known member of the NPP.

43. Plaintiff was openly affiliated to the PDP.

44. Plaintiff actively participated in the PDP political campaign, in the advanced teams in support of Bhatia, bought fundraising tickets, visited the PDP headquarters and acted as electoral poll officer in the 2016 general elections.

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45. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained himself; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of Puerto Rico, and other defendants.

ELIZABETH COLON-RODRIGUEZ

46. Plaintiff Elizabeth Colón-Rodríguez (hereinafter “Colón-Rodríguez”) is of legal age, resident of Puerto Rico and a citizen of the United States of America.

47. Plaintiff Colón-Rodríguez commenced working at the Senate on October 2013 as receptionist appointed by then President Bhatia. After 3 months, she was appointed to the position of Protocol Officer under the Office of Protocols and Activities of the then President of the Senate, Bhatia. Said office responded to the Presidency.

48. As protocol officer she responded to a Director and Sub-Director of the Protocol Office.

49. The protocols to be implemented were designed at the President’s Office. These are not discussed with the officers. The officers only implement the protocols as designed. Thus, her duties were non-policy making but instead only required efficient performance, not political affiliation.

50. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

51. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

52. The position has no trust functions.

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53. The reason that plaintiffs’ job was terminated was because defendants knew or assumed that she belonged to the PDP and/or was not a known member of the NPP.

54. Plaintiff was openly affiliated to the PDP.

55. Plaintiff actively participated in the PDP political campaign, in the advance teams in support of Bhatia, bought and sold fundraising tickets, visited the PDP headquarters and acted as electoral poll officer at all general elections.

56. Plaintiff was substituted by NPP - former Representative - Iris Miriam Ruiz’s daughter.

57. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of Puerto

Rico, and the other defendants.

JENNIFER HERNANDEZ-ADORNO

58. Plaintiff Jennifer Hernández-Adorno (hereinafter “Hernandez-Adorno”) is of legal age, resident of Puerto Rico and a citizen of the United States of America.

59. Plaintiff Hernández-Adorno worked at the Senate as System Administrator I

(“Adminsistradora de Sistemas de Oficina”) from July 15, 2015 to January 31, 2017 under the

Warehouse and Property Office.

60. Her duties as set forth in her job description were of clerical nature. Thus, her duties were non-policy making and only required efficient performance, not political affiliation

61. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

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62. The reason that plaintiffs’ job was terminated was because defendants knew or assumed that she belonged to the PDP and/or was not a known member of the NPP.

63. Plaintiff was openly affiliated to the PDP.

64. Plaintiff actively participated in the PDP candidate David Bernier’s (hereinafter

“Bernier”) political campaign, in the advanced teams in support of Bhatia, bought and sold fundraising tickets and visited the PDP headquarters.

65. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

66. The position has no trust functions.

67. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of Puerto

Rico, and the other defendants.

JESSICA RIVERA-FERRER

68. Plaintiff Jessica Rivera-Ferrer (hereinafter “Rivera-Ferrer”), is of legal age, resident of

Puerto Rico and a citizen of the United States of America.

69. Plaintiff Rivera-Ferrer commenced working at the Senate of the Commonwealth of

Puerto Rico in August 2013. She started as a Secretary for PDP Senator Miguel Pereira and thereafter applied and was appointed to the position of Clerk (“Oficinista”) under the

Administration Clerk Office.

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70. As a clerk and as set forth in the job description her duties were of a clerical routine nature that required efficient performance, not political affiliation, since there were no policy making or implementing functions.

71. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

72. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

73. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

74. The position has no trust functions.

75. The reason that plaintiff’s job was terminated was because defendants knew or assumed that she belonged to the PDP and/or was not a known member of the NPP

76. Plaintiff was openly affiliated to the PDP.

77. Plaintiff actively participated in the PDP political campaign, in the advanced teams for

Bhatia, bought fundraising tickets, visited the PDP headquarters and acted as electoral poll officer in PDP primaries.

78. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of Puerto

Rico, and the other defendants.

LOURDES RUIZ-ANDINO

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79. Plaintiff Lourdes Ruiz-Andino (hereinafter “Ruiz-Andino”), is of legal age, resident of

Puerto Rico and a citizen of the United States of America.

80. Plaintiff Ruiz-Andino commenced working at the Senate of the Commonwealth of Puerto

Rico in February 2013 until January 31, 2017. She occupied the position of Clerk (“Oficinista”) under the Administration Clerk Office.

81. As a clerk and as set forth in the job description her duties were of a clerical routine nature. Thus, her duties were nonpolicy-making and only required efficient performance, not political affiliation.

82. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

83. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

84. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

85. The position has no trust functions.

86. The reason that plaintiff’s job was terminated was because defendants assumed that she belonged to the PDP and/or was not a known member of the NPP

87. Indeed, Plaintiff had worked with PDP former governors, Sila M. Calderón and Aníbal

Acevedo-Vilá at La Fortaleza. She assisted PDP José Hernández in the coordination of PDP political activities and the defendants knew she was not affiliated to the NPP because she did not participate in the NPP political campaign, nor the advanced teams in support of Rivera-Schatz.

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88. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

ANA ROSA RODRIGUEZ-SANTANA

89. Plaintiff Ana Rosa Rodriguez-Santana (hereinafter “Rodriguez-Santana”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

90. Plaintiff Rodriguez-Santana commenced working at the Senate of the Commonwealth of

Puerto Rico on February 2013 until January 31, 2017. She occupied the position of Systems

Administrator II (“Administradora de Sistemas de Oficina II”) under the Fiscal and Finance

Office (“Oficina de Asuntos Financieros y Fiscales”).

91. In her position, her duties as set forth in her job description were of a clerical routine nature non-policy making that only required efficient performance, not political affiliation.

92. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

93. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

94. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

95. The position has no trust functions.

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96. The reason that plaintiff’s job was terminated was because defendants knew she belonged to the PDP and/or was not a known member of the NPP

97. Plaintiff was openly affiliated to the PDP.

98. Plaintiff bought fundraising tickets, visited the PDP headquarters, participated in the campaign closure of PDP candidate Bernier and acted as electoral poll officer in PDP 2016 primaries. She also was detached at the Puerto Rico State Commission on Elections (“Comisión

Estatal de Elecciones”) during the 6 months period prior to the 2016 general elections.

99. After the 2016 general elections she was told by Roberto Mejil, Esq., Rivera-Schatz’s attorney: “You have not called me to congratulate me” (referring to the NPP electoral success)

“but, never mind because I will try to help you anyway” (referring to keeping her employment at the Senate). Plaintiff inquired whether there was a real possibility of her being terminated and he replied in the affirmative “because we are going to bring in our people” (referring to the

NPP’ers).

100. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

DENISE RIVERA-COLON

101. Plaintiff Denise Rivera-Colón (hereinafter “Rivera-Colon”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

102. Plaintiff Rivera-Colón commenced working at the Senate of the Commonwealth of Puerto Rico on January 13, 2013 at the President’s Office of Advisors (“Oficina de Asesores

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del Presidente”) under the presidency of Bhatia. Thereafter, from July 2016 to January 31, 2017 she occupied the position of Pre-intervention Officer (“Oficial de Pre intervención”) at the

Finance Office (“Oficina de Finanzas”).

103. In her position her duties as set forth in her job description were of a clerical routine nature, non-policy making that only required efficient performance, not political affiliation. For example, she had to have the Sam’s pending invoices certified and pay.

104. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

105. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

106. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

107. The positions has no trust functions.

108. The reason that plaintiff’s job was terminated was because defendants knew she belonged to the PDP and/or was not a known member of the NPP

109. Plaintiff was openly affiliated to the PDP.

110. Plaintiff bought fundraising tickets, visited the PDP headquarters, participated in in the campaign of PDP candidate David Bernier and Bhatia. She acted as electoral observer for the PDP at the 2016 general elections.

111. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she

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is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

EMANUEL CORREA-COLON

112. Plaintiff Emanuel Correa-Colón (hereinafter “Correa-Colón”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

113. Plaintiff Correa-Colón commenced working at the Senate of the Commonwealth of Puerto Rico on October 2013, through “ADT” as a messenger attached to the Senate Clerk’s

Office. He was formally appointed by the Senate to hold the position on July 2015. He was terminated on 31 January 2017.

114. In his position as messenger his duties as set forth in his job description were of a clerical routine nature, non-policy making that only required efficient performance, not political affiliation.

115. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

116. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

117. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

118. The position has no trust functions.

119. The reason that plaintiff’s job was terminated was because defendants knew he belonged to the PDP and/or was not a known member of the NPP. NPP Senator Chayanne told

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him that he performed his job well and tried to help him keep it to no avail. As a matter of fact, he was substituted by an NPP named Jacinto Desiderio.

120. Plaintiff was openly affiliated to the PDP.

121. Plaintiff bought and sold fundraising tickets for Bhatia’s campaign and visited the

PDP headquarters. Plaintiff never participated in NPP campaigns.

122. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

JESUS PEREZ-MUÑIZ

123. Plaintiff Jesus Pérez-Muñiz (hereinafter “Pérez-Muñiz”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

124. Plaintiff Pérez-Muñiz commenced working at the Senate of the Commonwealth of

Puerto Rico on January 2013 until January 31, 2017. He occupied the position of Clerk

(“Oficinista”) under the Administration Clerk Office.

125. As a clerk his duties as set forth in his job description were of a clerical routine nature, non-policy making that only required efficient performance, not political affiliation.

126. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

127. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

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128. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

129. The position has no trust functions.

130. The reason that plaintiff’s job was terminated was because defendants assumed that he belonged to the PDP and/or was not a known member of the NPP.

131. Defendants knew he was not affiliated to the NPP because he did not participate in the NPP political campaign, nor the advanced teams in support of Rivera-Schatz.

Furthermore, he came into the senate to work during the PDP administration and he is affiliated to the PDP.

132. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

CARLOS CIRINO-ROBLES

133. Plaintiff Carlos Cirino-Robles (hereinafter “Cirino-Robles”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

134. Plaintiff Cirino-Robles commenced working at the Senate of the Commonwealth of Puerto Rico on 2013 until January 31, 2017. He occupied the position of Maintenance

Employee that fell under the Office of Auxiliary Services (“Servicios Auxiliares”).

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135. As set forth in his job description, as a maintenance employee, his duties were non-policy making that only required efficient performance in maintenance related chores, not political affiliation.

136. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

137. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

138. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

139. The position has no trust functions.

140. The reason that plaintiff’s job was terminated was because defendants assumed that he belonged to the PDP and/or was not a known member of the NPP. This, because he was recruited while Bhatia presided the senate and he did not participate in any event in support of

NPP candidates for the elections.

141. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

142. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

FRANCISCO REYES-NEGRON

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143. Plaintiff Francisco Reyes-Negrón (hereinafter “Reyes-Negrón”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

144. Plaintiff Reyes-Negrón commenced working at the Senate of the Commonwealth of Puerto Rico on February 2013 until January 31, 2017. He occupied the position of

Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios Auxiliares”).

145. As set forth in his job description, as a maintenance employee his duties were non-policy making, which only required efficient performance in maintenance related chores, not political affiliation.

146. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

147. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

148. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

149. The position has no trust functions.

150. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

151. Plaintiff was openly affiliated to the PDP. Since 2012 he acted as electoral poll officer, worked with the PDP Mayor candidate, Abid Quiñonez and PDP Senator Ramoncito

Ruiz. In 2016 he was part of Bhatia’s advanced team.

152. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

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153. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

JOSE FUENTES-RODRIGUEZ

154. Plaintiff José Fuentes-Rodríguez (hereinafter “Fuentes-Rodríguez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

155. Plaintiff Fuentes-Rodríguez commenced working at the Senate of the

Commonwealth of Puerto Rico on February 2013 until January 31, 2017. He occupied the position of Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios

Auxiliares”).

156. As set forth in his job description, as a maintenance employee his duties were non-policy making, which only required efficient performance in maintenance related chores, not political affiliation.

157. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

158. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

159. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

160. The position has no trust functions.

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161. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

162. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bhatia and PDP candidate Mary Hernández, for Precinct 4. Also, he supported PDP candidates Bernier and Carmen Yulín-Cruz. He participated in fundraising activities and visited the PPD headquarters. In 2016, he was part of Bhatia’s advanced team.

163. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

164. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

JOSE MELENDEZ-NEGRON

165. Plaintiff Jose Meléndez-Negrón (hereinafter “Meléndez-Negrón”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

166. Plaintiff Meléndez-Negrón commenced working at the Senate of the

Commonwealth of Puerto Rico on February 2013 until January 31, 2017. He occupied the position of Maintenance Employee that fell under the Office Auxiliary Services (“Servicios

Auxiliares”).

167. As set forth in his job description, as a maintenance employee his duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

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168. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

169. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

170. Defendants terminated plaintiff’s employment, without warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

171. The position has no trust functions.

172. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

173. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bhatia and Bernier. Supported fundraising activities and visited the PPD headquarters.

In 2016 was part of Bhatia’s advanced team and electoral poll officer.

174. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

175. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

JULIA RODRIGUEZ-LOPEZ

176. Plaintiff Julia Rodríguez-López (hereinafter “Rodríguez-López”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

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177. Plaintiff Rodríguez-López commenced working at the Senate of the

Commonwealth of Puerto Rico on August 18, 2014 until January 31, 2017. She occupied the position of Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios

Auxiliares”).

178. As set forth in her job description, as a maintenance employee her duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

179. Defendants terminated and dismissed plaintiff from her employment without even conducting a single evaluation as to her job performance and efficiency.

180. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

181. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

182. The position has no trust functions.

183. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that she belonged to the PDP and/or was not a known member of the NPP.

184. Plaintiff was openly affiliated to the PDP. She was appointed with the help of a

PDP (Gina). Participated in political campaign in support of Bhatia. Supported fundraising activities. Roberto Cariño, who was very close to Rivera-Schatz, kept commenting “Your time is arriving” (referring to the PDP’s clean-up).

185. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

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186. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

LUIS OJEDA-RODRIGUEZ

187. Plaintiff Luis Ojeda-Rodríguez (hereinafter “Ojeda-Rodriguez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

188. Plaintiff Ojeda-Rodríguez commenced working at the Senate of the

Commonwealth of Puerto Rico on February 2013 until January 31, 2017. He occupied the position of Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios

Auxiliares”).

189. As set forth in his job description, as a maintenance employee his duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

190. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

191. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

192. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

193. The position has no trust functions.

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194. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

195. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bhatia and Bernier. Supported fundraising activities and visited the PPD headquarters.

In 2016, he was part of Bhatia’s advanced team.

196. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

197. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico.

RAMPHIS BAEZ-CALDERON

198. Plaintiff Ramphis Báez-Calderón (hereinafter “Báez-Calderón”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

199. Plaintiff Báez-Calderón commenced working at the Senate of the Commonwealth of Puerto Rico January 2013 until January 31, 2017. He occupied the position of Maintenance

Employee that fell under the Office of Auxiliary Services (“Servicios Auxiliares”).

200. As set forth in his job description, as a maintenance employee his duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

201. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

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202. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

203. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

204. The position has no trust functions.

205. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

206. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bhatia and Bernier. Supported fundraising activities and visited the PPD headquarters.

In 2016, he was part of Bhatia’s advanced team and electoral poll officer.

207. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

208. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

VICTOR RODRIGUEZ-FUENTES

209. Plaintiff Victor Rodríguez-Fuentes (hereinafter “Rodríguez-Fuentes”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

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210. Plaintiff Rodríguez-Fuentes commenced working at the Senate of the

Commonwealth of Puerto Rico on 2013 until January 31, 2017. He occupied the position of

Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios Auxiliares”).

211. As set forth in his job description, as a maintenance employee his duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

212. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

213. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

214. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

215. The position has no trust functions.

216. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

217. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bhatia and Bernier. Supported fundraising activities and visited the PPD headquarters.

In 2016, he was part of Bhatia’s advanced team.

218. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

219. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering;

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and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

NANCY LOPEZ-MORALES

220. Plaintiff Nancy López-Morales (hereinafter “López-Morales”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

221. Plaintiff López-Morales commenced working at the Senate of the Commonwealth of Puerto Rico on February 2013 until January 31, 2017. She occupied the position of

Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios Auxiliares”).

222. As set forth in her job description, as a maintenance employee her duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

223. Defendants terminated and dismissed plaintiff from her employment without even conducting a single evaluation as to her job performance and efficiency.

224. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

225. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

226. The position has no trust functions.

227. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that she belonged to the PDP and/or was not a known member of the NPP.

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228. Plaintiff was openly affiliated to the PDP. She participated in political campaign in support of Bhatia. She participated in fundraising activities and acted as election poll officer in 2016 general elections.

229. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

230. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

NOEL BERRIOS-RODRIGUEZ

231. Plaintiff Noel Berríos-Rodríguez (hereinafter “Berríos-Rodriguez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

232. Plaintiff Berríos-Rodríguez commenced working at the Senate of the

Commonwealth of Puerto Rico on February 2013 until January 31, 2017. He occupied the position of Administrative Officer I (“Oficial Administrativo I”) that fell under the office of

Sergeant of Arms.

233. As Administrative Officer I – as set forth in his job description - his duties were non-policy making and only required efficient performance in clerical chores, not political affiliation.

234. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

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235. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

236. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

237. The position has no trust functions.

238. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

239. Plaintiff was openly affiliated to the PDP. He participated in the political campaign in support of Bhatia. He participated in fundraising activities and visited the PDP headquarters. Also, he acted as an electoral poll officer in the general elections.

240. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

CARMEN PABON-CORREA

241. Plaintiff Carmen Pabón-Correa (hereinafter “Pabón-Correa”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

242. Plaintiff Pabón-Correa commenced working at the Senate, through ADT in 2013 because a friend working at Senate told her to apply. Under the presidency of Bhatia, in

September 15, 2015, she was appointed to the position of Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios Auxiliares”).

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243. As set forth in her job description, as a maintenance employee her duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

244. Defendants terminated and dismissed plaintiff from her employment without even conducting a single evaluation as to her job performance and efficiency.

245. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

246. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

247. The position has no trust functions.

248. The reason that plaintiff’s job was terminated was because defendants perceived and assumed that she belonged to the PDP and/or was not a known member of the NPP because of her appointment under Bhatia and she did not participate in nor supported NPP candidates’ campaigns.

249. Indeed, out of the 28 maintenance employees, 18 were terminated who were

PDP’ers whereas the remaining were NPP’ers.

250. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is perceived as not a member of the political party of the President of the Senate of the

Commonwealth of Puerto Rico, and other defendants.

CHRISTOPHER DECENE-GARCIA

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251. Plaintiff Christopher Decene-García (hereinafter “Decene-García”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

252. Plaintiff Decene-García commenced working at the Senate of the Commonwealth of Puerto Rico on February 2, 2013 until January 31, 2017. He occupied the position of

Storekeeper (“Guardalmacén”) that fell under the Office of Auxiliary Services (“Servicios

Auxiliares”).

253. As set forth in his job description, as storekeeper his duties were of a routine and clerical nature non-policy making and only required efficient performance, not political affiliation.

254. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

255. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

256. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

257. The position has no trust functions.

258. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

259. Plaintiff was affiliated to the PDP. He participated in the political campaign in support of Bhatia and Bernier. He also participated in fundraising activities.

260. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering;

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and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

GAMALIER CARDONA-SANCHEZ

261. Plaintiff Gamalier Cardona-Sánchez (hereinafter “Cardona-Sánchez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

262. Plaintiff Cardona-Sánchez commenced working at the Senate of the

Commonwealth of Puerto Rico on February 2013 until January 31, 2017. He occupied the position of Driver (“Chofer”) that fell under the Office of Auxiliary Services (“Servicios

Auxiliares”).

263. As a driver assigned to the warehouse and property and as set forth in his job description, his duties were non-policy making and only required efficient performance in his duties, not political affiliation.

264. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

265. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

266. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

267. The position has no trust functions.

268. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

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269. Although Plaintiff did not participate in the political campaigns, he is affiliated to the PDP and did not participate in any activity in support of the NPP candidates.

270. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

ILVIZ TORRES-GONZALEZ

271. Plaintiff Ilviz Torres-González (hereinafter “Torres-González”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

272. Plaintiff Torres-González commenced working at the Senate of the

Commonwealth of Puerto Rico on October 1, 2013 until January 31, 2017. She held the position of Purchasing Agent I (“Agente Compradora”) under the Purchasing and Services Office.

273. As a purchaser agent her duties were to get quotes and buy goods and services as required.

274. Plaintiff’s functions, as set forth in her job description, were of a routine nature non-policy making and only required efficient performance, not political affiliation.

275. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

276. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

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277. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

278. The position has no trust functions.

279. The reason that plaintiff’s job was terminated was because defendants knew or assumed that she belonged to the PDP and/or was not a known member of the NPP

280. Plaintiff was openly affiliated to the PDP.

281. Plaintiff actively participated in the PDP political campaign, in the advanced teams in support of Bhatia and also supported Bernier. She participated in fundraising activities, visited the PDP headquarters and acted as electoral poll officer in the 2016 general elections.

282. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained himself; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of Puerto

Rico, and the other defendants.

CARLOS GUERRA-CRUZ

283. Plaintiff Carlos Guerra-Cruz (hereinafter “Guerra-Cruz”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

284. Plaintiff Guerra-Cruz commenced working at the Senate of the Commonwealth of

Puerto Rico on September 15, 2014 until January 31, 2017. He occupied the position of Security

Officer (“Guardia”) that fell under the office of Sergeant of Arms.

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285. As set forth in his job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

286. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

287. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

288. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

289. The position has no trust functions.

290. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

291. Plaintiff was affiliated to the PDP. He participated in the political campaign in support of Bhatia. He participated in fundraising activities and visited the PDP headquarters with Bhatia.

292. As a result of this termination, defendants have deprived plaintiff of the income

by which he sustained himself and his family; have subjected him to personal pain and

suffering; and have punished him in the exercise of civil rights by terminating his

employment because he is not a member of the political party of the President of the Senate

of the Commonwealth of Puerto Rico, and the other defendants.

PABLO SILVA-IRIZARRY

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293. Plaintiff Pablo Silva-Irizarry (hereinafter “Silva-Irizarry”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

294. Plaintiff Silva-Irizarry commenced working at the Senate of the Commonwealth of Puerto Rico with PDP Senator Gilberto Rodríguez on January 2013 until January 30, 2015.

On January 31, 2015 he was appointed to the position of Security Officer (“Guardia”) that fell under the office of Sergeant of Arms.

295. As set forth in his job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

296. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

297. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

298. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

299. The position has no trust functions.

300. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

301. Plaintiff was affiliated to the PDP. He participated in the political campaign in support of Bernier, Bhatia, Manuel Natal, Miguel Pereira and other PDP candidates. He supported fundraising activities and visited the PDP headquarters. He acted as electoral poll officer in 2014 general elections.

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302. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

ELI DIAZ-JIMENEZ

303. Plaintiff Eli Díaz-Jiménez (hereinafter “Díaz-Jiménez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

304. Plaintiff Díaz-Jiménez commenced working at the Senate of the Commonwealth of Puerto Rico on June 2014 in the position of Security Officer (“Guardia”) that fell under the office of the Sergeant of Arms.

305. As set forth in his job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

306. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

307. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

308. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

309. The position has no trust functions.

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310. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

311. Plaintiff was affiliated to the PDP. He participated in the political campaign in support of Bhatia and other PDP candidates. He participated in fundraising activities and visited the PDP headquarters.

312. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

FELIX RIVERA-ROLON

313. Plaintiff Felix Rivera-Rolón (hereinafter “Rivera-Rolón”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

314. Plaintiff Rivera-Rolón commenced working at the Senate of the Commonwealth of Puerto Rico with PDP Senator Gilberto Rodríguez on January 2013 until January 30, 2015.

On January 31, 2015 he was appointed to the position of Security Officer (“Guardia”) that fell under the office of the Sergeant of Arms.

315. As set forth in his job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities’ related chores, not political affiliation.

316. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

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317. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

318. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

319. The position has no trust functions.

320. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

321. Plaintiff was affiliated to the PDP. He participated in the political campaign in support of Bernier, Bhatia, Manuel Natal, Miguel Pereira and other PDP candidates. He participated in fundraising activities and visited the PDP headquarters. He acted as electoral poll officer in 2014 general elections.

322. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

ILEANA PEREZ-MENDEZ

323. Plaintiff Ileana Pérez-Méndez (hereinafter “Perez-Mendez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

324. Plaintiff Pérez-Méndez commenced working at the Senate of the Commonwealth of Puerto Rico on January 2013 until January 31, 2017. She occupied the position of

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Administrative Officer (“Oficial Administrativa”) under the Fiscal and Finance Office (“Oficina de Asuntos Financieros y Fiscales”).

325. In her position, as set forth in her job description, her duties were of a clerical routine nature, non-policy making and only required efficient performance, not political affiliation.

326. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

327. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

328. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

329. The position has no trust functions.

330. The reason that plaintiff’s job was terminated was because defendants knew she belonged to the PDP and/or was not a known member of the NPP

331. Plaintiff was openly affiliated to the PDP.

332. Plaintiff participated in PDP fundraising activities, once acted as electoral poll officer and did not participate in any NPP activity.

333. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

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XIOMARA RIVERA-CABRERA

334. Plaintiff Xiomara Rivera-Cabrera (hereinafter “Rivera-Cabrera”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

335. Plaintiff Rivera-Cabrera commenced working at the Senate of the Commonwealth of Puerto Rico on February 2, 2013 until January 31, 2017. She occupied the position of Pre- intervention Supervisor (“Supervisora de Pre-intervención”) under the Finance Division.

336. As set forth in her job description, her duties were of a clerical routine nature non- policy making and only required efficient performance, not political affiliation.

337. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

338. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

339. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

340. The position has no trust functions.

341. The reason that plaintiff’s job was terminated was because defendants knew she belonged to the PDP and/or was not a known member of the NPP

342. Plaintiff was openly affiliated to the PDP.

343. Plaintiff participated in fundraising activities, visited the PDP headquarters and acted as electoral poll officer in 2016 general elections,

344. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering;

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and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

YACELYN GONZALEZ -BERRIOS

345. Plaintiff Yacelyn González-Berríos (hereinafter “González-Berríos”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

346. Plaintiff González-Berríos commenced working at the Senate of the

Commonwealth of Puerto Rico in the position of Sub Director of the Office of Finance (“Oficina de Asuntos Fiscales y Financieros”). On December 2016 she was transferred to the position of accountant, recommended by José Hernández (then Administrator) until January 31, 2017.

347. In her position, as set forth in the job description, her duties were of a clerical routine nature non-policy making and only required efficient performance, not political affiliation.

348. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

349. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

350. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

351. The position has no trust functions.

352. The reason that plaintiff’s job was terminated was because defendants knew she belonged to the PDP and/or was not a known member of the NPP

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353. Plaintiff was openly affiliated to the PDP.

354. Plaintiff participated in fundraising activities, voted in PDP primaries and visited the PDP headquarters.

355. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

HECTOR FIGUEROA-VAZQUEZ

356. Plaintiff Hector Figueroa-Vázquez (hereinafter “Figueroa-Vázquez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

357. Plaintiff Figueroa-Vázquez commenced working at the Senate of the

Commonwealth of Puerto Rico on January 2013 until January 31, 2017 in the position of

Security Officer (“Guardia”) that fell under the office of the Sergeant of Arms.

358. As set forth in the job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

359. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

360. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

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361. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

362. The position has no trust functions.

363. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

364. Plaintiff was affiliated to the PDP. He participated in the political campaign in support of Bhatia. He participated in fundraising activities and visited the PDP headquarters. He acted as electoral poll officer in Bhatia’s 2016 primaries. Also, he heard from office of NPP

Migdalia Padilla, Chayanne Martínez, José Pérez and Larry Seilhammer “Try to accommodate yourselves because when we win you are going to get fired” (“traten de acomodarse porque cuando ganemos los van a sacar”). His sister was the secretary for Jaime Perelló, then PDP

President of the House of Representatives.

365. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

JONATHAN TORRES-OVALLES

366. Plaintiff Jonathan Torres-Ovalles (hereinafter “Torres-Ovalles”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

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367. Plaintiff Torres-Ovalles commenced working at the Senate of the Commonwealth of Puerto Rico on May 15, 2013 until January 31, 2017 in the position of Security Officer

(“Guardia”) that fell under the office of the Sergeant of Arms.

368. As set forth in the job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities’ and related chores, not political affiliation.

369. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

370. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

371. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

372. The position has no trust functions.

373. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

374. Plaintiff was affiliated to the PDP. He participated in the political campaigns in support of Bhatia, Bernier and other PDP candidates.

375. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

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JULIO ORTIZ-RESTO

376. Plaintiff Julio Ortíz-Resto (hereinafter “Ortíz-Resto”), is of legal age, resident of

Puerto Rico and a citizen of the United States of America.

377. Plaintiff Ortíz-Resto commenced working at the Senate of the Commonwealth of

Puerto Rico on January 16, 2013 until January 31, 2017 in the position of Security Officer

(“Guardia”) that fell under the office of the Sergeant of Arms.

378. As set forth in the job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

379. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

380. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

381. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

382. The position has no trust functions.

383. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

384. Plaintiff was affiliated to the PDP. He participated in the political campaigns in support of Bernier, Bhatia, Ramon Luis Nieves, Nadal-Power and Rosana López, all PDP candidates. He participated in fundraising activities and visited the PDP headquarters.

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385. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

LARRY RONDON-VAZQUEZ

386. Plaintiff Larry Rondón-Vázquez (hereinafter “Rondón-Vázquez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

387. Plaintiff Rondón-Vázquez commenced working at the Senate of the

Commonwealth of Puerto Rico on March 2013 until January 31, 2017 in the position of Security

Officer (“Guardia”) that fell under the office of the Sergeant of Arms.

388. As set forth in the job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

389. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

390. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

391. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

392. The position has no trust functions.

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393. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

394. Plaintiff was affiliated to the PDP. He participated in the political campaigns in support of Bernier and Bhatia. He participated in fundraising activities and visited the PDP headquarters.

395. As a result of this termination, defendants have deprived plaintiff of the income

by which he sustained himself and his family; have subjected him to personal pain and

suffering; and have punished him in the exercise of civil rights by terminating his

employment because he is not a member of the political party of the President of the Senate

of the Commonwealth of Puerto Rico, and the other defendants.

RAMON RIVERA-LOPEZ

396. Plaintiff Ramon Rivera-López (hereinafter “Rivera-López”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

397. Plaintiff Rivera-López commenced working at the Senate of the Commonwealth of Puerto Rico on January 16, 2013 until January 31, 2017 in the position of Security Officer

(“Guardia”) that fell under the office of the Sergeant of Arms.

398. As set forth in the job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

399. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

400. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

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401. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

402. The position has no trust functions.

403. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

404. Plaintiff was affiliated to the PDP. He participated in the political campaign of

Bhatia. He participated in fundraising activities and visited the PDP headquarters. Once, heard there was an office used to spy on them by checking Facebook and other social media searching pictures about political activities. There was a list of PDP (“populares”) employees.

405. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

HECTOR SANTIAGO-HERNANDEZ

406. Plaintiff Héctor Santiago-Hernández (hereinafter “Santiago-Hernández”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

407. Plaintiff Santiago-Hernández commenced working at the Senate of the

Commonwealth of Puerto Rico on February 1, 2013 until January 3, 2017 in the position of

Security Supervisor. On January 3, 2017, a new supervisor – affiliated to the NPP – was appointed and he was demoted to the position of Security Officer (“Guardia”) which fell under the office of Sergeant of Arms.

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408. As set forth in the job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

409. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

410. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

411. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

412. The position has no trust functions.

413. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

414. Plaintiff was affiliated to the PDP. He participated in the political campaign of

Bhatia and he participated in fundraising activities.

415. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

REY ANDINO-PLAZA

416. Plaintiff Rey Andino-Plaza (hereinafter “Andino-Plaza”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

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417. Plaintiff Andino-Plaza commenced working at the Senate of the Commonwealth of Puerto Rico on January 16, 2013 in the position of Maintenance Supervisor until January 2,

2017 when he was demoted to the position of Maintenance Employee (“Empleado de

Mantenimiento”). He was demoted by the newly NPP appointed Maintenance Supervisor. He held the Maintenance Employee position until 31 January 2017 when he was terminated.

418. As set forth in the job description, as a maintenance employee his duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

419. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

420. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

421. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

422. The position has no trust functions.

423. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

424. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bhatia, Carmen Yulin-Cruz and José Seguiz. He participated in fundraising activities and visited the PDP headquarters. He acted as electoral poll officer in many general elections.

Also, for some time, he had occupied the presidency of the PDP Youth Association in San Juan.

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425. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

KELVY SANTIAGO-RODRIGUEZ

426. Plaintiff Kelvy Santiago-Rodríguez (hereinafter “Santiago-Rodríguez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

427. Plaintiff Santiago-Rodríguez, commenced working at the Senate of the

Commonwealth of Puerto Rico on January 2013 until January 31, 2017 in the position of

Systems Administrator Office II (“Administrador de Sistemas de Oficina II”) under the office of the Sergeant of Arms.

428. As set forth in the job description, her duties were of a clerical routine nature non- policy making and only required efficient performance, not political affiliation.

429. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

430. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

431. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

432. The position has no trust functions.

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433. The reason that plaintiff’s job was terminated was because defendants knew she belonged to the PDP and/or was not a known member of the NPP

434. Plaintiff was openly affiliated to the PDP.

435. Plaintiff participated in fundraising activities, acted as electoral poll officer in

PDP primaries and 2016 general elections, and visited the PDP headquarters.

436. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

LYNETTE LOPEZ-OJEDA

437. Plaintiff Lynette López-Ojeda (hereinafter “Lopez-Ojeda”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

438. Plaintiff López-Ojeda, commenced working at the Senate of the Commonwealth of Puerto Rico on August 2013 until January 31, 2017 in the position of Usher under the office of the Sergeant of Arms.

439. As set forth in the job description, her duties were of a routine nature non-policy making and only required efficient performance, not political affiliation.

440. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

441. At no time prior to her dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

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442. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

443. The position has no trust functions.

444. The reason that plaintiff’s job was terminated was because defendants knew she belonged to the PDP and/or was not a known member of the NPP.

445. Plaintiff was openly affiliated to the PDP.

446. Plaintiff participated in fundraising activities, acted as electoral poll officer in

PDP 2000 and 2016 general elections, and visited the PDP headquarters.

447. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

WILFREDO DIAZ-JIMENEZ

448. Plaintiff Wilfredo Díaz-Jiménez (hereinafter “Díaz-Jiménez”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

449. Plaintiff Díaz-Jiménez commenced working at the Senate of the Commonwealth of Puerto Rico on January 2013 until January 31, 2017 in the position of Usher under the

Sergeant of Arms’ Office.

450. As set forth in the job description, as an usher plaintiff’s duties were of a routine nature non-policy making and only required efficient performance, not political affiliation.

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451. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

452. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

453. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

454. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

455. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bernier and Bhatia. He participated in fundraising activities and visited the PDP headquarters.

456. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

RAMON CALOCA-TORRES

457. Plaintiff Ramón Caloca-Torres (hereinafter “Caloca-Torres”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

458. Plaintiff Caloca-Torres commenced working at the Senate of the Commonwealth of Puerto Rico on January 2015 until January 31, 2017 in the position of Executive Officer I

(“Oficial Ejecutivo I”) under the Sergeant of Arms’ Office.

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459. As set forth in the job description, Plaintiff’s duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

460. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

461. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

462. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

463. The position has no trust functions.

464. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

465. Plaintiff was openly affiliated to the PDP. Participated in political campaigns in support of Bernier, Bhatia and Rep. María Hernández. He participated in fundraising activities, visited the PPD headquarters and acted as electoral poll officer in 2012 and 2016 general elections.

466. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

HORIDEL PONS-ANAYA

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467. Plaintiff Horidel Pons-Anaya (hereinafter “Pons-Anaya”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

468. Plaintiff Pons-Anaya commenced working at the Senate of the Commonwealth of

Puerto Rico on June 1, 2013 until January 31, 2017 in the position of Technical Liason in

Governmental Affairs (“Técnico de Enlace de Asuntos Gubernamentales”), classified as an

Administrative Assistant under the Government Affairs Office.

469. As set forth in the job description, plaintiff’s duties were non-policy making and only required efficient performance in the relevant chores, not political affiliation.

470. Defendants terminated and dismissed plaintiff from her job without even conducting a single evaluation as to her job performance and efficiency.

471. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

472. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

473. The position has no trust functions.

474. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that she belonged to the PDP and/or was not a known member of the NPP.

475. Plaintiff was affiliated to the PDP. She participated in fundraising activities, visited the PDP headquarters and acted as electoral poll officer in the 2016 general elections.

476. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she

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is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

IRVING BILLIGUE-RAMOS

477. Plaintiff Irving Billigue-Ramos (hereinafter “Billigue-Ramos”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

478. Plaintiff Billigue-Ramos commenced working at the Senate of the

Commonwealth of Puerto Rico on February 2013 until January 31, 2017 in the position of

Technical Liaison in Governmental Affairs (“Técnico de Enlace de Asuntos Gubernamentales”), classified as an Administrative Assistant under the Government Affairs Office.

479. As set forth in the job description, plaintiff’s duties were non-policy making and only required efficient performance in the relevant chores, not political affiliation.

480. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

481. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

482. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

483. The position has no trust functions.

484. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

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485. Plaintiff was affiliated to the PDP. Participated in political campaigns in support of Bhatia, participated in fundraising activities and acted as electoral poll officer in 2016 general elections.

486. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

PIERRE VEGA- ALVARADO

487. Plaintiff Pierre Vega-Alvarado (hereinafter “Vega-Alvarado”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

488. Plaintiff Vega-Alvarado commenced working at the Senate of the Commonwealth of Puerto Rico on January 16, 2013 until January 31, 2017 in the position of Technical Liaison in

Governmental Affairs (“Técnico de Enlace de Asuntos Gubernamentales”), classified as an

Administrative Assistant under the Government Affairs Office.

489. As set forth in the job description, plaintiff’s duties were non-policy making and only required efficient performance in the relevant chores, not political affiliation.

490. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

491. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

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492. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

493. The position has no trust functions.

494. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

495. Plaintiff was affiliated to the PDP. Participated in political campaign in support of Bhatia, participated in fundraising activities, visited PDP headquarters and acted as electoral poll officer in 2016 referendum.

496. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

JUAN CARLOS COLON-RIVERA

497. Plaintiff Juan Colón-Rivera (hereinafter “Colón-Rivera”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

498. Plaintiff Colón-Rivera commenced working at the Senate of the Commonwealth of Puerto Rico on February 2013 until January 31, 2017 in the position of Administrative Officer

II (“Oficial Administrativo II”) under the Human Resources Office.

499. As set forth in the job description, plaintiff’s duties were of a technical nature non-policy making and only required efficient performance in the relevant chores, not political affiliation.

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500. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

501. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

502. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

503. The position has no trust functions.

504. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

505. Plaintiff was affiliated to the PDP. Participated in PDP political campaigns as a contractor. He participated in fundraising activities, visited the PDP headquarters and acted as electoral poll officer in 2016 general elections.

506. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

BENYAMIL MORALES -COLON

507. Plaintiff Benyamil Morales-Colón (hereinafter “Morales-Colón”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

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508. Plaintiff Morales-Colón commenced working at the Senate of the Commonwealth of Puerto Rico on February 1, 2013 until January 31, 2017 in the position of Usher under the

Sergeant of Arms’ Office

509. As set forth in the job description, as an usher plaintiff’s duties were non-policy making and only required efficient performance, not political affiliation.

510. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

511. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

512. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

513. The position has no trust functions.

514. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

515. Plaintiff was openly affiliated to the PDP. He participated in political campaign in support of Bhatia, participated in fundraising activities and acted as an electoral poll officer in the 2016 general elections.

516. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

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ADOLFO MORALES-RUIZ

517. Plaintiff Adolfo Morales-Ruíz (hereinafter “Morales-Ruíz”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

518. Plaintiff Morales-Ruíz commenced working at the Senate of the Commonwealth of Puerto Rico on June 2001 in the position of Recordings Technician (“Oficial de Trámites y

Records”) while PDP was in power and under the senate presidency of Faz-Alzamora. In 2009,

NPP president of the Senate Rivera-Schatz terminated him because of his political affiliation to the PDP. In 2013, plaintiff was recruited again to the senate by then President Bhatia to fill in the position of Director of Diary of the Legislative Assembly Sessions (“Diario de Sesiones” where he had ample experience. This position responds to the Secretary of the Senate. On 31

January 2017 he was terminated.

519. As set forth in the job description, plaintiff’s duties were non-policy making and only required efficient performance of a clerical nature, not political affiliation.

520. Defendants terminated and dismissed plaintiff from his job without even conducting a single evaluation as to his job performance and efficiency.

521. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

522. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

523. The position has no trust functions.

524. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP. Out of the

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eight (8) employees under his supervision, seven (7) were NPP and one PDP. The NPP employees retained their employment as opposed to himself and the PDP employee that were terminated.

525. Plaintiff was openly affiliated to the PDP. Participated in political campaign in support of Bhatia. He participated in fundraising activities and acted as an electoral poll officer in the 2012 general elections.

526. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

KEYSHLA RESTO-SANTIAGO

527. Plaintiff Keyshla Resto-Santiago (hereinafter “Resto-Santiago”), is of legal age, resident of Puerto Rico and a citizen of the United States of America.

528. Plaintiff Resto-Santiago commenced working at the Senate, through ADT in

2014. Under the presidency of Bhatia, in February 16, 2016, she was appointed to the position of Maintenance Employee that fell under the Office of Auxiliary Services (“Servicios

Auxiliares”).

529. As set forth in her job description, as a maintenance employee her duties were non-policy making and only required efficient performance in maintenance related chores, not political affiliation.

530. Defendants terminated and dismissed plaintiff from her employment without even conducting a single evaluation as to her job performance and efficiency.

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531. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

532. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

533. The position has no trust functions.

534. The reason that plaintiff’s job was terminated was because defendants perceived and assumed that she belonged to the PDP and/or was not a known member of the NPP because of her appointment under Bhatia.

535. Plaintiff was affiliated to the PDP. She participated in the campaign in support of

Bhatia. She participated in fundraising activities and acted as electoral poll officer in the 2016

PDP primaries.

536. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she is perceived as not a member of the political party of the President of the Senate of the

Commonwealth of Puerto Rico, and the other defendants.

JENNIFER ESTRADA-DIAZ

537. Plaintiff Jennifer Estrada-Díaz (hereinafter “Estrada-Díaz”) is of legal age, resident of Puerto Rico and a citizen of the United States of America.

538. Plaintiff Estrada-Diaz commenced working at the Senate, through ADT in

February 2014. Under the presidency of Bhatia, in July 2016, she was appointed to the position

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of Administrative Assistant (“Asistente Administrativo”) that fell under the Office of Protocol

(“Oficina de Protocolos y Actividades”).

539. As set forth in her job description, as an administrative assistant her duties were non-policy making and only required efficient performance in the protocol related chores, not political affiliation.

540. Defendants terminated and dismissed plaintiff from her employment without even conducting a single evaluation as to her job performance and efficiency.

541. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

542. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position she held was one of trust and that as such, was being terminated effective December 31, 2017.

543. The position has no trust functions.

544. The reason that plaintiff’s job was terminated was because defendants perceived and assumed that she belonged to the PDP and/or was not a known member of the NPP because of her appointment under Bhatia.

545. Plaintiff was affiliated to the PDP. She participated in the campaign in support of

Bernier and Bhatia. She participated in the advanced teams for Bhatia, visited the PDP headquarters, participated in fundraising activities and acted as electoral poll officer in the 2016

PDP primaries.

546. As a result of this termination, defendants have deprived plaintiff of the income by which she sustained herself and her family; have subjected her to personal pain and suffering; and have punished her in the exercise of civil rights by terminating her employment because she

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is perceived as not a member of the political party of the President of the Senate of the

Commonwealth of Puerto Rico, and the other defendants

JOSE RIVERA-PARRILLA

547. Plaintiff José Rivera-Parrilla (hereinafter “Rivera-Parrilla”) is of legal age, resident of Puerto Rico and a citizen of the United States.

548. Plaintiff Rivera-Padilla commenced working at the Senate of the Commonwealth of Puerto Rico on March 2013 in the position of Security Officer (Guardia”) through ADT. On

August 2013 he was appointed to the position by the Senate. As a security officer he fell under the supervision of the office of Sergeant of Arms.

549. As set forth in the job description, as a security officer his duties were non-policy making and only required efficient performance in security and surveillance of the facilities and related chores, not political affiliation.

550. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

551. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of his duties.

552. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed him the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

553. The position has no trust functions.

554. The reason that plaintiff’s job was terminated was because defendants knew of, or assumed that he belonged to the PDP and/or was not a known member of the NPP.

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555. Plaintiff was affiliated to the PDP. He participated in the political campaign of

Bhatia and Bernier. He visited the PDP headquarters, participated in fundraising activities and in the advanced teams of Bhatia.

556. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished him in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

CARLOS KUIDLAND-DIAZ

557. Plaintiff Carlos Kuidland-Díaz (hereinafter “Kuidland-Diaz”) is of legal age, resident of Puerto Rico and citizen of the United States.

558. Kuidland-Díaz commenced working at the Senate, under the presidency of Bhatia, in 2013, he was appointed to the position of Property Supervisor (“Supervisor Encargado de la

Propiedad”, responding to a Director that fell under the Office of Auxiliary Services (“Servicios

Auxiliares”).

559. As set forth in her job description, in charge of the property his duties were non- policy making and only required efficient performance in the same, not political affiliation.

560. Defendants terminated and dismissed plaintiff from his employment without even conducting a single evaluation as to his job performance and efficiency.

561. At no time prior to his dismissal did the defendants discipline plaintiff or issue a reprimand related to the performance of her duties.

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562. Defendants terminated plaintiff’s employment, without prior warning and without cause, by a letter dated January 31, 2017 that basically informed her the position he held was one of trust and that as such, was being terminated effective December 31, 2017.

563. The position has no trust functions.

564. The reason that plaintiff’s job was terminated was because defendants perceived and assumed that he belonged to the PDP and/or was not a known member of the NPP because of his appointment under Bhatia.

565. Plaintiff was affiliated to the PDP. He participated in the campaign in support of

Bhatia. He is also a delegate to the PDP. He supported Bernier and participated in the advanced teams for Bhatia. Participated also in fundraising activities, visited the PDP headquarters and acted as electoral poll officer for a PDP primary.

566. As a result of this termination, defendants have deprived plaintiff of the income by which he sustained himself and his family; have subjected him to personal pain and suffering; and have punished her in the exercise of civil rights by terminating his employment because he is not a member of the political party of the President of the Senate of the Commonwealth of

Puerto Rico, and the other defendants.

FIRST CAUSE OF ACTION: FIRST AMENDMENT AND DUE PROCESS OF THE UNITED STATES CONSTITUTION

567. Plaintiffs repeat and incorporate all the allegations contained thus far as if set forth fully herein.

568. The foregoing evidences that the defendants, under the color of law of their respective positions, have willfully and/or with deliberate indifference violated the plaintiffs' rights under the First, Fifth and Fourteenth Amendments to the Constitution of the United States

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(freedom of speech and association; due process; and equal protection).

569. As a result of the defendants' unconstitutional and illegal conduct, each of the plaintiffs have been discriminatorily terminated in his or her employment, and caused irreparable and continuing harm, emotionally, economically and in his or her civil rights, in the amount of no less than $1,500,000.00. In addition, the plaintiffs pray for preliminary and permanent injunctive relief reinstating them in their employment and prohibiting defendants from terminating their employment because of their political affiliations to the PDP.

570. In addition, because the defendants have acted with deliberate indifference towards plaintiffs’ constitutional rights, each plaintiff is entitled to punitive damages in the amount of no less than $500,000.

SECOND CAUSE OF ACTION: LAWS AND CONSTITUTION OF PUERTO RICO

571. Plaintiffs repeat and incorporate all the allegations contained thus far as if set forth fully herein.

572. The foregoing evidences that the defendants, under the color of law of their respective positions, have willfully and/or with deliberate indifference violated the plaintiffs' rights under the Constitution and laws of the Commonwealth of Puerto Rico, specifically

Sections 1, 4, 6 and 7 of Article II of the Constitution of Puerto Rico; and the Public Service

Personnel laws of Puerto Rico; Law No. 131 of May 13, 1943, P.R. Laws Ann., Tit. 1, § 13-19; and Articles 1802 and 1803 of the Civil Code, § 5141-5142 of Title 31. Muriel v. Suazo, 72

P.R.R. 348 (1951).

573. As a result of the defendants' unconstitutional and illegal conduct, each of the plaintiffs have been discriminatorily terminated in his or her employment, and caused irreparable

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and continuing harm, emotionally, economically and in his or her civil rights, in the amount of no less than $1,500,000.00. In addition, the plaintiffs pray for preliminary and permanent injunctive relief reinstating them in their employment and prohibiting defendants from terminating their employment because of their political affiliations to the PDP.

JURY DEMAND

574. Trial by Jury is requested in all causes of action.

PRAYER FOR RELIEF

WHEREFORE, plaintiffs respectfully pray that the Court:

1. Find that the defendants have violated plaintiffs' rights under the first amendment, the due process and equal protection clauses of the United States Constitution; as well as under the laws and Constitution of Puerto Rico;

2. Grant an injunction reinstating the plaintiffs to their respective positions; and prohibiting, restraining and enjoining, the defendants, agents or anyone acting in concert with them or pursuant to their orders; or their successors in any representative capacity from violating any Constitutional rights of the plaintiffs;

3. Award damages to each plaintiff in an amount no less than $1,500,000.00 for pain and suffering, lost back pay, and other damages suffered as a result of the defendants' unconstitutional conduct;

4. Award punitive damages to each plaintiff in such in such amount as may be deemed appropriate;

5. Award pre-judgment interest;

6. Award plaintiffs' attorneys' fees and costs pursuant to 42 U.S.C.§1988; and

7. Award such other and further relief as may be deemed just and proper.

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RESPECTFULLY SUBMITTED.

In Guaynabo, Puerto Rico, this December 15, 2017.

S: Eileen Landrón Guardiola EILEEN LANDRÓN GUARDIOLA USDC-PR 203006 e-mail: [email protected]

S: Eduardo A. Vera Ramírez EDUARDO A. VERA RAMÍREZ USDC-PR 209713 e-mail: [email protected]

S: Luis A. Rodríguez Muñoz LUIS A. RODRÍGUEZ MUÑOZ USDC-PR 214511 e-mail: [email protected]

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