Case 3:12-cv-01308 Document 1

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

VILMARIE CARABALLO CARABALLO CARABALLO Plaintiff, v. ADMINISTRACION DE CORRECCION, CORRECTIONS DEPARTMENT OF THE COMMONWEALTH OF PUERTO RICO, JESUS GONZALEZ CRUZ, in his official capacity as Secretary of Department of Correction and Rehabilitation of the Commonwealth of Puerto Rico, ANA I. ESCOBAR, in her personal capacity CIVIL CASE NO. as custodial officer of the Department of Correction, ROBERTO DEL VALLE, in his VIOLATION OF CIVIL RIGHTS personal and official capacity as Supervisor at the Department of Correction, NEFTALI TRIAL BY JURY DEMANDED RODRIGUEZ, in his personal and official capacity as Supervisor of the Department of Correction, ULRICH JIMENEZ, in his personal and official capacity as JOSE M. RODRIGUEZ TORRES, in his personal capacity as custodial officer of the Department, ELIGIO VILLEGAS MARTINEZ, in his personal and official capacity as Superintendent of Institution 705, FELIX ALVAREZ, in his personal capacity as Lieutenant of the Department, WANDA DE JESUS, in her personal capacity as Sergeant of the Department of Correction Defendants

COMPLAINT TO THE HONORABLE COURT: COMES NOW the plaintiff, through the undersigned attorneys, and respectfully states, alleges and prays as follows:

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JURISDICTIONAL STATEMENT 1. 1. This is a civil action filed by Vilmarie Caraballo Caraballo, a career employee of the Corrections Department of the Commonwealth of Puerto Rico, alleging that following the 2008 General Elections, Defendants first stripped her of functions and authority and subsequently transferred her in violation of her rights under federal laws. Plaintiff alleges violations under the First Amendment and Due Process clauses of the Constitutions of the United States, and Title VII of the Civil Rights Act of 1964, as amended, as well as the laws and Constitution of the Commonwealth of Puerto Rico, and prays for equitable relief in the form of ceasing all actions attempted directly or indirectly to curtail their rights and duties and legal relief in the form of economic and punitive damages in the amount of $5,000,000.00, pursuant to the Civil Rights Act of 1866, 42 U.S.C. 1983, as well as equitable and compensatory relief pursuant to 42 USC 2000-e et seq., and relief pursuant to 42 USC 1981a and 1988. 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 of the laws and Constitution of Puerto Rico pursuant to 28 U.S.C. 1367. Venue is proper under 28 U.S.C. 139 1(b). THE PARTIES 2. The plaintiff Vilmarie Caraballo Caraballo is a career employee of the Department of Corrections and works as a correctional officer. 3. The defendants Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico, and Administracin de Correccin, are the employer in this cause of action and

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therefore, brought only pursuant to the allegations made in relation to Title VII of the Civil Rights Act of 1964, and 1991, 42 USC 2000-e et seq., and 1988. 4. Defendant Jess Gonzlez is the current Secretary of Corrections, and he is brought, exclusively in his official capacity. 5. Co-defendant Ana I. Escobar, is a custodial officer with the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. She is brought in her personal capacity. 6. Co-defendant Roberto Del Valle is or was a supervisor at the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. He was the Regional Director for the institution in which the plaintiff worked during the time relevant to facts alleged in this complaint and he is brought in his personal and official capacities. 7. Co-defendant Ulrich Jimnez is or was a supervisor at the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. He was the Regional Director for te institution in which the plaintiff worked during the time relevant to facts alleged in this complaint and he is brought in his personal and official capacities. 8. Co-defendant Neftal Rodriguez is or was a supervisor at the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. He was the Security Director for the institution in which the plaintiff worked, during the time relevant to facts alleged in this complaint and he is brought in his personal and official capacities. 9. Co-defendant Jos M. Rodrguez Torres, is a custodial officer with the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. He is brought in his personal capacity.

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10. Eligio Villegas Martinez is a Superintendent of Institution 705, with the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. He is brought in his personal and capacities. 11. Felix Alvarez is a Lieutenant with the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. He is brought in his personal capacity. 12. Wanda de Jesus, is a sergeant with the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico. She is brought in her personal capacity. Facts 13. Plaintiff was appointed as a correctional officer with the Department of Corrections and Rehabilitation in 1994. 14. She was assigned various duties during that time, and in 2003 whe was assigned to the Radiocommunications Area, of the General Services office in the Department. 15. In the radiocommunications area her duties were to assist the director, Melvin Spulveda, in inspecting, inverorizing and maintaining the radiocommunications equipment. She would also visit the institutions to ensure that all equipment there was working properly, and to assess the status of the repeater stations located and disseminated throughout the island. 16. She would instruct the cadets on the proper handling and procedures for the use of the radiocommunications system at the Academy. 17. In March 30, 2009 she received instructions from Captain Porfirio Green that she was to cease reporting to the Radiocommunications area. 18. She was subsequently assigned to the 705 Institution in Bayamon Correctional Complex. 19. She was substituted by a male officer by the name of Danny Cordero.

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20. Afterwards, around August 2009, the Radiocommunications post became vacant, and was again filled with a male by the name of Osvaldo Analla Cortijo, notwithstanding the fact that on May 13, 2009 the plaintiff had officially informed the Department of Corrections that she was interested in the position, should it become vacant. She also filed an official tranfer form for the radiocommunications area on June 26, 2009. 21. A job posting for the position was never issued or published. 22. The defendants avoided posting the position because the plaintiff would obviously be the most qualified individual to occupy the same. 23. After several incidents and formal requests, still in 2009, Lieutenant Aguila indicated to the plaintiff that the only way she would be considered for the radiocommunications position was if she obtained irrefutable proof that she was adept to the New Progressive Party. 24. From May 13, 2009 through January 2011 the plaintiff was assigned to shifts that would require her to present herself to work in one of three different shifts, depending upon her supervisors schedule. The shifts were from 6:00 a.m. through 2:00 p.m., from 2:00 p.m. through 10:00 p.m., and from 10:00 p.m. through 6:00 a.m. 25. Her duties corresponded to the prison guards detail service, which required her to be in close contact with the inmates at all times, and to be available for work during several days and hours which were not standard, often having to work double shifts, and also work shifts which were less than eight hours apart due to absent officers. 26. Plaintiffs supervisor and lieutenant in charge would often incur in roster rule violations which upset the plaintiff. These violations consisted in assigning the plaintiff to double-up, work shifts too proximate in time, and in positions which she did not handle, all of which caused her great physical and mental exhaustion.

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27. She also had to take her meals in the institutions dining area, wear a uniform at all times, and would have to cover other prison guards duties. 28. The plaintiff addressed Eugenio Pagan, who was the superintendent of Institution 705 in order to be assigned other duties, due to personal situations that required her to have a steady work shift. 29. Pagan then assigned the plaintiff several tasks that would be performed under his command, in order to exclude the plaintiff from her prison guard duties. 30. In May 11, 2011 co-defendants Ana I. Escobar, Roberto del Valle, Neftal Rodrguez, and Flix Alvarez met with the Superintendent of Institution 705 in order to further impede that the plaintiff perform her duties. At the time she was accounting for some televisions that were dispersed throughout the institution. The co-defendants made calls to custodians of several logs and property registries at the central level in order to inform that the plaintiff was not to be allowed access to said documents. She needed the documents in order to account for the television sets. 31. On May 13, 2011 these co-defendants duped David Marrero, an assistant to the Secretary of Administration and Management, in order to have him request a transfer of the plaintiff to the Ponce 704 Institution. 32. The plaintiff was never officially notified of the transfer order, and found out on May 17, 2011, through a co-worker, that she had been transferred to Ponce. 33. During this period, Co-defendant Alvarez and Villegas also intervened with Lieutenant Juan Rosario in order to impede his effort to place the plaintiff in a fixed shift position handling inmates at the reception area of institution 705.

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34. The plaintiff had to address the Secretary of Corrections in order to leave the annul the transfer. The annulment was not handed down until August 25, 2011. 35. In order to alleviate her situation Pagan then approached the plaintiff and offered her a shift in the Commissary of the institution. 36. On August 5, 2011 Pagan approved a transfer request submitted to him by Hector Fontanez Rivera, in charge of custodial officers in the institution, to transfer the plaintiff to the Commissary. 37. After she was transferred to this position co-defendants initiated a pattern of intimidation and hostility against the plaintiff. 38. In August 29, 2011 co-defendant Wanda De Jess approached the plaintiff and advised her do not clash with me, in a menacing and hostile manner. 39. Incidents such as this one, also occurred with co-defendant Ana I. Escobar who had also disseminated lies and comments regarding plaintiffs work and performance and that she was under investigation from the Department. Co-defendant Jos M. Rodrguez also

disseminated those lies by advising other custodial officers not to show any support for the plaintiff because she was in problems in the institution. 40. Co-defendants also initiated an effort to have the plaintiff out of the commissary by indicating to co-defendant Ulrich Jimenez that her duties therein were incompatible with her appointment as union delegate. 41. On September 26, 2011 the plaintiff sent a written communication to Eugenio Pagan Santos indicating the seriousness of the situation, she sent a copy of such letter to the director of the Legal Division. Pagan then referred the communication to co-defendant Ulrich Jimenez, Regional Director. However, Jimenez improperly indicated that these allegations had been

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referred to the Legal Division of the Department, which was not only incorrect, but a blatant lie, because the procedure required Jimenez to investigate the matter and refer it to the Legal Division with an appropriate recommendation. allegations to Eligio Villegas Martnez. 42. In October 4, 2011 Villega sent the plaintiff a menacing letter demanding that she produce a copy of the request for intervention. 43. The matter was never investigated and no relief was provided to the plaintiff. 44. As a result of the dissemination of lies about the plaintiff being investigated, and continued and concerted pressure applied by co-defendants Escobar, Jos M. Rodriguez, and Neftal Rodrguez, Jimnez, De Jesus and Del Valle, the plaintiff was notified on February 2012 that she would no longer be assigned to the commissary and that she would return to the rotating shifts. 45. The co-defendants are all aware of the plaintiffs political affiliation because she is a delegate with the union. She also is very vocal about her affiliation and her membership in groups 46. Co-defendants have also expressed awareness of the plaintiffs political affiliation through comments made to the plaintiff or to third persons in which they have indicated that they want no special or particular treatment to favor the plaintiff because she is not an NPP. 47. All of the co-defendants are reputed in the agency as being part of the NPP. Instead Ulrich Jimenez notified the

FIRST CAUSE OF ACTION FIRST and FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION 48. Plaintiff repeats and incorporates all the allegations contained thus far as set forth fully herein. The foregoing paragraphs establish that the Defendants, under color of law of their respective positions, have willfully and/or with deliberate indifference violated the Plaintiffs

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rights under the First and Fourteenth Amendments (freedom of speech/association, due process of law, and equal protection of the laws) of the United States Constitution. 49. The defendants have jointly and severally acted to demote the plaintiff without due process of law and because of the plaintiffs political affiliation. They have also acted jointly to impede the improvement of the plaintiffs workplace situation, and to deny her access to appropriate relief and benefits. 50. The defendants have jointly and severally acted to deny the plaintiff access to employee support programs, harass her, assign her inappropriate functions and duties, transfer her to work locations and periods which are unusual when compared to the work shifts and locations worked by other employees at the Department of Corrections and Rehabilitation, and to impede her placement in the radio survey team, and the commissary teams, in order to impose upon her working conditions which are unreasonably lower to the norm, because of plaintiffs political affiliation. 51. As a result of the defendants unconstitutional and illegal conduct, including conspiring to do so, Plaintiff has been discriminatorily treated because of her political affiliation to the PDP starting from the change in governmental administration and up to the present. 52. All of these actions have illicitly placed Plaintiffs in unreasonably inferior working conditions, and caused irreparable and continuing harm to them, emotionally, economically and in their civil rights. Such damages are estimated in an amount of no less than $3,000,000. In addition, the Plaintiffs pray for preliminary and permanent injunctive relief prohibiting Defendants from affecting their employment because of their political affiliation to the Popular Democratic Party.

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53. In addition, because Defendants have acted with deliberate indifference towards Plaintiffs constitutional rights, they are entitled to punitive damages in the amount of no less than $2,000,000.00 SECOND CAUSE OF ACTION: TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 54. Plaintiff repeats and incorporates all the allegations contained thus far as set forth fully herein. The foregoing paragraphs establish that the Defendants discriminated against the plaintiff because of her female gender. 55. Such discrimination constitutes a violation of plaintiffs rights under 42 USC 2000-e2, e-3 and 42 USC 1981a. 56. Plaintiff filed a timely discrimination charge on July 28, 2009. The Department of Justice of the United States of America issued a Right-To-Sue Letter on February 8, 2012. That letter was mailed on February 9, 2012 and delivered to the undersigneds office on February 15, 2012. 57. Defendants actions and omissions have caused the plaintiff to be discriminated for reason of her gender, and that discrimination was intentionally caused by the defendants. 58. Such intentional discrimination has caused damages to the plaintiff estimated in an amount no less than $300,000.00. 59. The plaintiff is also entitled to punitive damages in an amount no less than $300,000.00. THIRD CAUSE OF ACTION: LAWS AND CONSITUTION OF PUERTO RICO 60. Plaintiff repeats and incorporates all the allegations contained thus far as set forth fully herein. The foregoing evidence that the Defendants, under color of law of their respective positions, have willfully and/or with deliberate indifference violated the Plaintiffs rights

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under the Constitution and laws of the Commonwealth of Puerto Rico, specifically Sections1, 4, 6 and 7 of Article II of the Constitution of Puerto Rico; and the Public Service Personnel laws of Puerto Rico; Act No. 184, of August 3, 2004, as amended, PR Laws Ann. Tit. 3; and Articles 1802 and 1803 of the Civil Code 5141 and 5142 of Title 31; and Law 115 of 1994. 61. As a result of the Defendants unconstitutional and illegal conduct, Plaintiffs have been discriminatorily treated in their employment, and caused irreparable and continuing harm, emotionally, economically and in their civil rights, in the amount of no less than $3,000,000.00. 62. In addition, the plaintiffs pray for preliminary and permanent injunctive relief prohibiting Defendants from affecting her employment because of her political affiliation to the Popular Democratic Party and her gender. JURY DEMAND 63. Trial by Jury is requested in all causes of action. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully prays that the Court: 64. 1. Find that the defendants have violated Plaintiffs rights under the First Amendment of the United States Constitution; as well as under the laws and Constitution of the Commonwealth of Puerto Rico; 65. 66. Grant preliminary and permanent injunction 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 and statutory rights of the Plaintiffs;

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67. Award damages to Plaintiffs in an amount no less than $2,300,000.00 for pain and suffering and other damages suffered as a result of the defendants unconstitutional conduct; 68. Award punitive damages to the Plaintiffs in an amount no less than $2,000,000.00 or in such amount as may be deemed appropriate; 69. Award pre judgment interest; 70. Award Plaintiff attorneys fees and costs pursuant to 42 U.S.C. 1988. 71. Award such other and further relief as may be deemed just and proper. WHEREFORE, it is respectfully requested from this Honorable Court that it sets a JURY TRIAL and issues Judgment for the plaintiff to award her requests for compensatory and punitive damages; and that it considers and adjudicates injunctive relief for the plaintiff as it deems proper. RESPECTFULLY SUBMITTED. In San Juan, Puerto Rico, this May 7, 2012. IT IS HEREBY CERTIFIED: that on this date the undersigned attorney was filed the foregoing document with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all attorneys of record. LANDRN & VERA, LLP. Attorneys at Law Centro Internacional de Mercadeo, Torre I, 100 Carr. 165, Ste 203, Guaynabo, PR 00968-8048 Tel.: (787) 774-5959 Fax: (787) 774-8181 s/ Eileen Landron EILEEN LANDRON GUARDIOLA USDC-PR-203006 S/ Eduardo Vera EDUARDO A. VERA RAMIREZ

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USDC-PR 209713 Document8

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