Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 1 of 472 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO GIARA WASHINGTON DEL VALLE; LYNNOTT ADORNO GONZÁLEZ; CIVIL No. EMILIO ADORNO OTERO; JENNIFER M. AMBERT MARTÍNEZ; LUIS G. AULÍ FLORES; RE: CIVIL RIGHTS, IRVING BAYON CORREA; DAMAGES JOSÉ BETANCOURT ALICEA; JOSÉ R. BONILLA CARABALLO; PLAINTIFF DEMANDS IVONNE BORRERO CASADO; TRIAL BY JURY EDGAR CALDERÓN LEBRÓN; OMAR J. CLAUDIO LLOPIZ; SATURNO CRUZ CARRASQUILLO; WANDA CRUZ DIAZ; JUAN CRUZ DONES; REBECCA DE PEDRO GONZALEZ; SARAI DIAZ REYES; JOSÉ ESPINOSA DIAZ; JOSHUA FIGUEROA SERRANO; FERNANDO FUENTES RODRÍGUEZ; IVELISSE GONZÁLEZ ALEMAN; MIGUEL A. GONZÁLEZ GERENA; ANA GONZALEZ LEDESMA; ALLAN A. GRIFFITH FIGUEROA; GENESIS HERNANDEZ DIAZ; CARLOS HERNÁNDEZ RESTO; JORGE IRIZARRY PARÍS; EDWIN JÍMENEZ RESTO; MARY LASTRA RIVERA; OSCAR LEDESMA ALBORS; JEAN LEÓN RENTA; ARIADNA LÓPEZ; JANICE MARCHAND BAUZA; JAZMINE T. MARTINEZ GALINDEZ; WANDA MORALES PEREZ; CRISTOBAL MAYSONET GARCÍA; DOROTHY MYERS ROSARIO; JOSE NARVAEZ CARRION; JONUEL NEGRON DIAZ; RUTH OLIVERO ALVAREZ; JOSE A. ONTAÑO ROSARIO; ALEJANDRA ORTIZ MELÉNDEZ; OMAR PADRÓ PAGÁN; GILBERTO PAGÁN RESTO; 1 Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 2 of 472 WILFRIDO PALACIO CAMACHO; KEVIN J. PAREDES SÁNCHEZ; ADY PAZ OTERO; CATHERINE QUIÑONES PIMENTEL; NEFTALI RAMOS LOZADA; ARNALDO REYES PEREZ; AUGUSTO B. RIVERA FALÚ; FÉLIX RIVERA GONZÁLEZ; LUIS A. RIVERA GONZALEZ; PRISCILLA RIVERA GONZALEZ; NERY LUZ RIVERA MELENDEZ; DIEGO RIVERA ORTIZ; IVÁN G. RIVERA RÍOS; RAMON RIVERON MUÑOZ; JOSE RODRIGUEZ CONCEPCION; JOSEPH RODRÍGUEZ RODRÍGUEZ; JUAN RODRIGUEZ SAURE; RAÚL SÁNCHEZ; LUIS SANTAELLA DIAZ; GIANCARLO SANTIAGO MARTÍNEZ; PABLO SANTIAGO RODRÍGUEZ; JEAN SANTIAGO TORRES; CARLOS SANTOS FIGUEROA; ANTONIO SOLA MARTI; EMMANUEL SOTO RAMOS; NELSON M. TORRES MALDONADO; ALTAGRACIA TORRES MARRERO; ISALÍ TORRES MARTÍNEZ; MYRIAM TORRES RIOS; FRANCES VÁZQUEZ RODRIGUEZ; RAQUEL VEGA LÓPEZ; CHRISTIAN E. VEGA VILLALBA; KASSANDRA I. VELA CALO; WANDA VICENTI LATORRE; AND JAVIER WALKER CARRASQUILLO Plaintiffs v. THOMAS RIVERA SCHATZ, JANE DOE, and the Conjugal Partnership composed by both of them, in their personal capacity and in his official capacity as PRESIDENT OF THE SENATE OF PUERTO RICO; CARLOS “JOHNNY” MENDEZ, JANE ROE, and 2 Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 3 of 472 the Conjugal Partnership composed by both of them in his personal capacity and in his official capacity as SPEAKER OF THE HOUSE OF EPRESENTATIVES OF THE COMMONWEALTH OF PUERTO RICO; GABRIEL HERNANDEZ, JANE POE, and the Conjugal Partnership composed by both of them, in their personal capacity and in his official capacity as Chief of Staff of the President of the Senate; WILFREDO RAMOS, JANE LOE, and the Conjugal Partnership composed by both of them in their personal capacity and in his official capacity as SUPERINTENDENT OF THE CAPITOL BUILDING; PABLO SASTRE, JANE MOE, and the Conjugal Partnership composed by both of them in their personal capacity and in his official capacity as AUXILIARY SUPERINTENDENT IN CHARGE OF OPERATIONS; ANGEL REDONDO, JANE BOE, and the Conjugal Partnership composed by both of them in their personal capacity and in his official capacity as AUXILIARY SUPERINTENDENT IN CHARGE OF ADMINISTRATION; JOSE FIGUEROA TORRES, JANE TOE, and the Conjugal Partnership composed by both of them in their personal capacity and in his official capacity as HUMAN RESOURCES DIRECTOR AT THE OFFICE OF THE SUPERINTENDENT OF THE CAPITOL BUILDING; JANE VOE; and JOHN VOE, Defendants C O M P L A I N T 3 Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 4 of 472 TO THE HONORABLE COURT: Plaintiffs, through the undersigned attorneys, very respectfully state, aver and pray as follows: NATURE OF THE ACTION AND JURISDICTION 1. This is an action for compensatory and punitive damages, injunctive and equitable relief under the First and Fourteenth amendments to the Constitution of the United States of America, and Sections 1983 and 1988 of title 42 United States Code for the deprivation of Plaintiffs’ property rights without due process of law, the retaliatory termination of their employment based on their political beliefs, damages to their professional reputation and mental anguish and emotional damages caused to plaintiffs by the defendants. The amounts claimed exceed $75,000.00. 2. This case is an example of the widespread pattern of political discrimination that has occurred in the Puerto Rico Legislature in the aftermath of the November 2016 General Election. It has happened during the first months after the New Progressive Party (“NPP”) gained control of the Puerto Rico legislature due to the November 2016 general elections results. Defendants, all NPP affiliated individuals plan<ed, directed, ordered, condoned, allowed, authorized, and/or executed, individually and jointly, 4 Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 5 of 472 copious adverse employment actions against low-level Senate, House and other Capitol Building employees, because they were affiliated (or perceived as being affiliated) with a political party other than NPP and/or actively supported a candidate affiliated to a political party other than the NPP. 3. The seventy-eight (78) Plaintiffs to this action are all former low-level employees of the Office of the Superintendent that fell victims to Defendants’ vicious, insensible, abusive and discriminatory practices. These Plaintiffs worked in positions for which political affiliation is not an appropriate requirement, did not have a single complaint as to their work performance, and Plaintiffs’ positions were necessary and essential for the proper functioning of the Puerto Rico Legislature. Plaintiffs also depended on such positions to sustain their relatives and carry out their daily lives. However, Defendants did not care, and preferred that NPP affiliated individuals, some of them their relatives, occupied such positions, even though these new employees had never performed the duties and that Defendants’ actions were unconstitutional and illegal. As a result, Defendants deprived Plaintiffs of a substantial portion of the funds with which they sustained their families and carried out 5 Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 6 of 472 their daily lives simply because, as Defendants perceived, they favored, supported and/or were affiliated with an opposing political party, or a particular candidate affiliated to an opposing political party, particularly the Popular Democratic Party (“PDP”) and PDP candidates. 4. Defendants actions against Plaintiffs were illegal, as Defendants carried them out while being fully aware, yet intentionally disregarding, of a clear and consistent longstanding case law from the Supreme Court of Puerto Rico, this Honorable Court, and the United States Court of Appeals for the First Circuit, repeatedly proscribing politically motivated adverse employment actions against government employees that occupy positions for which political affiliation is not an appropriate requirement. 5. This Court has jurisdiction to entertain these claims pursuant to 28 U.S.C. §1331, 28 U.S.C. §1343 and 42 U.S.C. §1983 and §1988. 6. The venue is proper in this district pursuant to 28 U.S.C. §1391. THE PARTIES PLAINTIFFS 7. Plaintiff GIARA WASHINGTON DEL VALLE ("Washington del Valle") is of legal age, a resident of Puerto Rico and a citizen of the United States of America. Plaintiff 6 Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 7 of 472 Washington del Valle commenced working at the Office of the Superintendent in August of 2013 and worked as a Contract Specialist when she was terminated on February 15, 2017 because of her political affiliation. 8. Plaintiff LYNNOTT ADORNO GONZÁLEZ ("Adorno González") is of legal age, a resident of Puerto Rico and a citizen of the United States of America. Plaintiff Adorno González commenced working at the Office of the Superintendent in July of 2014 and worked as an Administrative Assistant when she was terminated on February 15, 2017 because of her political affiliation. At the time of termination, was receiving psychological assistance services from the “Programa de Ayuda al Empleado (PAE)”. 9. Plaintiff EMILIO ADORNO OTERO ("Adorno Otero") is of legal age, a resident of Puerto Rico and a citizen of the United States of America. Plaintiff Adorno Otero commenced working at the Office of the Superintendent in October of 2013, and was an Electrician Assistant when he was terminated on February 15, 2017 because of his political affiliation. 10. Plaintiff JENNIFER AMBERT MARTÍNEZ ("Ambert Martínez") is of legal age, a resident of Puerto Rico and a citizen of the United States of America. Plaintiff Ambert Martínez began working at the Office of the Superintendent in 2015, and was performing duties as a Maintenance Services 7 Case 3:17-cv-01770 Document 1 Filed 06/08/17 Page 8 of 472 Assistant (“Auxiliar de Servicios de Mantenimiento”) when she was dismissed on February 15, 2017, because of her political affiliation with the PDP and her support of PDP candidates. 11. Plaintiff LUIS G. AULÍ FLORES ("Aulí Flores") is of legal age, a resident of Puerto Rico and a citizen of the United States of America. Plaintiff Aulí Flores commenced working at the Office of the Superintendent in April 18, 2016, as an Internal Security Officer and worked as low level security guard when he was terminated on February 15, 2017 because of his political affiliation. 12. Plaintiff IRVING BAYÓN CORREA ("Bayón Correa") is of legal age, a resident of Puerto Rico and a citizen of the United States of America. Plaintiff Bayón Correa began working at the Office of the Superintendent in August 2015, and was performing duties as a Warehouse Keeper (“Guardalmacén”) when he was dismissed on February 15, 2017, because of his political affiliation with the PDP and his support of PDP candidates. 13. Plaintiff JOSÉ BETANCOURT ALICEA ("Betancourt Alicea") is of legal age, a resident of Puerto Rico and a citizen of the United States of America.