Grajales v. Puerto Rico Ports Authority
Opinion
*42
This appeal is the latest to have reached us concerning a suit that Daniel Grajales, his wife, and their children bring under
I.
This appeal represents Grajales's third in this case.
See
Grajales
v.
P.R. Ports Auth.
,
Grajales filed the operative complaint in the District of Puerto Rico on August 31, 2012. He alleged that the PRPA, by taking such actions against him, violated the First Amendment of the Federal Constitution and various provisions of Puerto Rico law. His wife and their minor children also brought claims against the PRPA, in which they sought damages under a Puerto Rico tort statute that permits relatives of those unlawfully terminated from employment to bring derivative claims.
On May 18, 2012, just before Grajales filed his complaint in federal court, the Secretary of Labor and Human Resources of Puerto Rico (the "Secretary of Labor"), "representing and for the benefit of" Grajales, filed a civil complaint against the PRPA in the Puerto Rico Court of First Instance.
See
Complaint,
Sec'y of Labor & Human Res.
v.
P.R. Ports Auth.
, No. AC2012-0079 (P.R. Ct. of First Instance May 18, 2012). The Secretary of Labor alleged in that complaint that Grajales had observed and reported an incident that involved the safety of another employee, that the PRPA had terminated Grajales in retaliation for his reporting of the incident, and that an investigation by the Puerto Rico Department of Labor had found that the PRPA engaged in practices that endangered the authority's employees. The Secretary of Labor sought Grajales's reinstatement and back pay for him on the basis of Puerto Rico's Occupational Safety and Health Act, P.R. Laws Ann. tit. 29, § 361aa, and Puerto Rico's Retaliation in the Work Place Law,
On May 17, 2017, while Grajales's federal suit against the PRPA was still pending, the Court of First Instance entered judgment in favor of the PRPA. The Court of First Instance ruled that Grajales's termination was justified for a number of non-retaliatory reasons, including acts of insubordination, violation of various PRPA policies, and disrespectful behavior that created a hostile work environment for others. The Court of First Instance also rejected Grajales's contention that he was terminated in retaliation for his reporting activity.
The PRPA then moved for summary judgment in the District of Puerto Rico case on res judicata grounds in light of the ruling by the Court of First Instance, and the District Court granted that motion. Grajales now appeals from that judgment.
*43 II.
We are dealing here with the claimed res judicata effect of a judgment of a Commonwealth court and thus with a judgment that, under
Puerto Rico's Civil Code provides, in relevant part:
In order that the presumption of the res adjudicata may be valid in another suit, it is necessary that, between the case decided by the sentence and that in which the same is invoked, there be the most perfect identity between the things, causes, and persons of the litigants, and their capacity as such.
We start with the claims that Grajales brings in his own right, before then turning to the derivative claims of his wife and children. With respect to the claim that he brings on his own, Grajales first contends that the PRPA failed to establish that the "perfect identity of thing or cause" element had been satisfied. Specifically, he contends that the claims that the Secretary of Labor brought on his behalf in the Court of First Instance "could not include a claim for damages or for [a] First Amendment violation" and was only for the "purpose of reinstating [him] to his previous position" and to recover lost wages.
But, the "identity of thing or cause," we have explained, "refers to factual cause" and is satisfied where two actions "flow from the same principal ground or origin."
R.G. Fin. Corp.
,
We conclude that the District Court correctly determined that the two
*44
actions at issue here do share "a common nucleus of operative fact."
Grajales also relies on Puerto Rico's "public policy exception," which prevents the application of res judicata in "special circumstances."
García-Monagas
v.
De Arellano
,
But, the first case that Grajales relies on to support this argument,
Pagán-Hernández
v.
University of Puerto Rico,
In his reply brief, Grajales cites
Ramos-González
v.
Félix-Medina
,
The
Ramos-González
court identified "exceptional reasons" compelling it "to set aside the finality of a judgment."
Here, we see no similarly "exceptional reasons" to compel us "to set aside the finality of a judgment,"
We turn, then, to the claims that are brought by Grajales' wife and children. The contention is that res judicata does not bar these claims because the PRPA has failed to show that there is a "perfect identity ... of parties" between the two actions that are at issue, given that the
*45
Secretary of Labor brought the suit in the Court of First Instance only on Grajales's behalf. But, the District Court concluded that the claims of Grajales's wife and children are brought only "under Article 1802 of the Puerto Rico Civil Code," and no contrary argument has been made on appeal. That feature of the case matters because, as the District Court explained, Article 1802 claims are "derivative of the principal plaintiff's claim in that [they are] premised on some harm to the principal plaintiff, and 'if the principal plaintiff's claim fails, so too does the relative's derivative claim.' "
Pagán-Colón
v.
Walgreens of San Patricio, Inc.
,
III.
For the foregoing reasons, we affirm the judgment of the District Court.
Reference
- Full Case Name
- Daniel GRAJALES; Wanda I. González; Conjugal Partnership Grajales-González, Plaintiffs, Appellants, v. PUERTO RICO PORTS AUTHORITY, Defendant, Appellee.
- Cited By
- 4 cases
- Status
- Published