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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]