Abril-Rivera v. Johnson, 806 F.3d 599 (2015)

Citation: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Parent Document: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-17
Original Source: https://www.courtlistener.com/opinion/3155371/abril-rivera-v-johnson/ ↗

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Regarding the closing of the center, the undisputed facts show numerous business justifications for the conclusion that the PR-NPSC should not have remained open. For example, (1) remedying the deficiencies identified in the 2008 inspection would have been very expensive; (2) establishing and operating a new facility in Puerto Rico would have been even more expensive; (3) even though the PR-NPSC employees took Spanish- and English-language calls, the Puerto Rico facility was established specifically for bilingual services, and by 2008, the volume of Spanish-language calls had decreased; and (4) the existing NPSC system could absorb the workload if the PR-NPSC closed. As defendants correctly note, FEMA had ample basis to close a facility “which still had ongoing safety issues, was in poor condition, and lacking critical modern infrastructure, and which was no longer needed, given declining claims processing needs[,] rather than to pay approximately $9 million to move to a new facility or to renew the lease and renovate the facility,” which was “never designed for long-term FEMA use.”

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