Carmen Arecibo 1st.complaint

8/10/2019 Carmen Arecibo 1st.complaint

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO

CARMEN GARCIA SILVA

Plaintiff

V.

MUNICIPALITY OF ARECIBO; CARLOSMOLINA RODRIGUEZ, in his official andpersonal capacity and ILEANA J. MARTINEZROSADO in her official and personal capacity

Defendant

CIVIL NO.

CIVIL RIGHTSDECLARATORYJUDGMENTINJUNCTIVE RELIEF

PLAINTIFF DEMANDSTRIAL BY JURY

COMPLAINT

TO THE HONORABLE COURT:

COMES NOW the plaintiff, through her undersigned attorneys and very respectfully

states, alleges and prays:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1343,

as Plaintiffs claims arise under the First, Fifth and Fourteenth Amendments to the United

States Constitution and are being brought pursuant to 42 U.S.C. 1983. This Court also has

supplemental jurisdiction over all claims arising under the laws and Constitution of Puerto Rico

herein asserted pursuant to 28 U.S.C. 1367.

2. Venue is proper in the District of Puerto Rico, pursuant to 28 U.S.C. 1391. All

parties reside in Puerto Rico, and a substantial part of the acts, events and/or omissions giving

rise to these claims occurred in Puerto Rico.


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9. On May 13, 2013, Carmen received a letter dated May 10, 2013, signed by defendant

Ileana J. Martnez Rosado, where she was informed that due to the aforementioned message she

sent to Mayor Molina, she was being transferred from her position as the person in charge of

Property to the person in charge of the Library. The letter also says that she exceeded the

functions of her position, which was a delicate one and whose functions should be exercised

with a high degree of responsibility.

10. The person who held the position of person in charge of Property in the Library

worked and was paid for five (5) days a week, whereas when Carmen was sent there she was

paid only for four (4) days a week, a 20% reduction in salary. At this time, she still is the

person in charge of the Library. In addition, the person who was sent to substitute her previous

position was paid for five (5) days work.

IV. THE CAUSES OF ACTION

11. Plaintiff realleges paragraph 1-10.

12. When Carmen sent Mayor Carlos Molina Rodrguez the aforementioned message,

she did it as a private citizen and a resident of the Municipality of Arecibo. The message was

both a constructive criticism of the Mayor and the Municipalities actions as to the property it

sold and as petition for this not to happen again. The statements were in a matters of great

public concern inasmuch as the Municipality is in a dire economic situation.

13. Defendants, however, intentionally retaliated, under color of state law, against

Carmen by transferring her to a position of less prestige, responsibilities and pay. The First,

Fourteenth Amendment Rights and of 42 U.S.C. 1983 prohibit retaliatory actions against

public employees for statements made as to matters of great public concern.


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17. In addition, defendants actions were in violation of the rights secured Article II,

section 2 of the Commonwealth of Puerto Ricos Constitution. The Municipality is liable to

plaintiff for any actions taken by its employees in its official capacity.

18. Due to the abovementioned actions, plaintiff has suffered great pain and suffering,

humiliation and stress. These damages are valued a no less than $750,000. In addition, she is

suffering a loss of $2,381.52 a year due to her illegal and punitive transfer since the previous

person was paid for working 5 days a week and Carmen for only 4 days a week. Also, the

previous person who held the position plaintiff now holds, made $550 a month more than she

does now, which is in excess of $3,000 to date. In addition, the person who substituted Carmen

in her previous position, where she was paid for only four (4) days of work, is being paid for

five (5) days work. Moreover, plaintiff requests attorneys fees pursuant to 42 U.S.C. 1988.

19. Plaintiff demands that all questions of fact be decided by a jury.

WHEREFORE: Plaintiff respectfully requests from the Honorable Court that it enter

judgment against defendants in the amoun tof $755,381.52, plus interest and attorneys fees.

Respectfully submitted on this 21st day of October, 2013.

/s John E. MuddJohn E. Mudd Bar Number: 201102Attorney for PlaintiffsLAW OFFICES JOHN E. MUDDP. O. BOX 194134SAN JUAN, P.R. 00919(787) 754-7698, (787) 413-1673Fax. (787) 753-2202E-Mail [email protected]

/s John A. StewartJohn A. Stewart Bar Number: 231804Attorney for PlaintiffsPO Box 140357Arecibo, PR 00614-0357Tel/Fax: (787) 878-0403E-mail: [email protected]

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Carmen Arecibo 1st.complaint