Ramirez v. The Geo Group, Inc.
| Decision Date | 04 September 2009 |
| Docket Number | Civil Action No. 08-cv-00515-PAB-CBS. |
| Citation | 655 F.Supp.2d 1170 |
| Parties | Celia RAMIREZ, Plaintiff, v. THE GEO GROUP, INC., and Jennifer Beauman, Individually, Defendants. |
| Court | U.S. District Court — District of Colorado |
Susan R. Hahn, Law Office of Susan R. Hahn LLC, Littleton, CO, for Plaintiff.
Shelby Anne Felton, David R. Demuro, Vaughan & Demuro, Denver, CO, for Defendants.
ORDER ON MOTION FOR SUMMARY JUDGMENT
This case is before the Court on defendants' motion for summary judgment [Docket No. 50]. On August 28, 2009, the Court heard oral argument on the motion. After consideration of the parties' briefs, arguments, and evidence in the record, the Court grants the motion in part and denies it in part, as set forth in this order.
This is an employment discrimination case that requires the Court on summary judgment to consider whether the plaintiff, Celia Ramirez, was discriminated against on account of her race or her gender or instead was simply the victim of an unprofessional co-worker's crude behavior. Ms. Ramirez, a Hispanic female, worked as a detention officer for defendant The GEO Group, Inc. ("GEO") at their Aurora I.C.E. Processing Center in Aurora, Colorado (the "facility") until she was fired in early 2006. Compl. [Docket No. 1] at 1 ¶¶ 1-2. Following her termination, she filed this lawsuit against both GEO and her former co-worker, defendant Jennifer Beauman, asserting violations of the federal employment discrimination laws as well as various state law claims. The following is a brief recitation of the basic facts of this case; more detailed discussions are provided where relevant to the analysis of each individual cause of action.
Ms. Ramirez was hired by GEO in December 2003. Defs.' Mtn. for Summ. J. [Docket No. 50] ( ) at 3 ¶ 1; Pl.'s Resp. in Opp. to Mtn. for Summ. J. [Docket No. 56] ("Pl.'s Resp.") at 1 ¶ 1. Ms. Ramirez, like all GEO detention officers, carried a set of keys to the facility while on duty; the keys were not supposed to leave the facility and were "checked out" at the beginning of each shift. Defs.' Br. at 4 ¶ 8; Pl.'s Resp. at 3 ¶ 8. Sometime between July and October of 2005, GEO began using an electronic system called "KeyWatcher" to facilitate the distribution of keys. Defs.' Br. at 4 ¶ 9; Pl.'s Resp. at 3 ¶ 9. In order to access KeyWatcher, an employee entered a password and other identifying information into the system. Defs.' Br. at 5 ¶ 10; Pl.'s Resp. at 3 ¶ 10. The employee followed this same procedure whether checking out a set of keys or returning the keys before a break or at the completion of her shift. Id.
At the beginning of her overnight shift on October 18, 2005, Ms. Ramirez checked out key set # 33 from the KeyWatcher system. Defs.' Br. at 5 ¶ 13; Pl.'s Resp. at 3 ¶ 13. At approximately 4:30 a.m. on October 19, Ms. Ramirez checked in those keys in order to take her break and then checked them out again 30 minutes later. Id. However, at the end of her shift, the keys were not logged back into the system. What happened to those keys is in serious dispute. Ms. Ramirez contends that she returned the keys as she was exiting the facility around 7 a.m. on October 19. Compl. ¶ 13. According to GEO's investigative report, other witnesses saw Ms. Ramirez apparently returning her keys to the KeyWatcher system, but "[n]one of the witnesses could positively state they saw [Ms. Ramirez] place key set # 33 into the proper slot." Pl.'s Resp., Ex. 20 at GEO 043. On the afternoon of October 19, the system generated a "key overdue" alarm indicating that key set # 33 had not been returned. Defs.' Br. at 6 ¶ 18; Pl.'s Resp. at 5 ¶ 18.
GEO launched an investigation into the disappearance of the keys. See, e.g., Pl.'s Resp., Ex. 20. Ms. Ramirez takes issue with the thoroughness and accuracy of the investigation, Pl.'s Resp. at 11-12, but it is undisputed that Dawn Ceja, the assistant facility administrator, prepared a memorandum summarizing her findings about the incident, concluding that Ms. Ramirez should "be held accountable for losing key set #33," and recommending that "[s]trong disciplinary action must be considered." Pl.'s Resp., Ex. 20 at GEO 044. In December 2005, the facility's warden, Jerry Alexander, placed Ms. Ramirez on administrative leave and recommended her termination, purportedly for the loss of the keys. Compl. at 5 ¶ 38; Defs.' Br. at 8 ¶ 26. In January 2006, GEO terminated Ms. Ramirez. Compl. at 5 ¶ 39; Defs.' Br. at 8 ¶ 27. Months later, in September 2006, Ms. Ramirez's keys were found on the roof of the facility. Defs.' Br. at 8 ¶ 30; Pl.'s Resp. at 9 ¶ 30.
Ms. Ramirez contends that she was more severely disciplined than other employees who had committed similar infractions, and that her termination was really designed to get back at her for reporting inappropriate conduct by Ms. Beauman, who was also employed as a GEO detention officer. As far back as June 2004, Ms. Ramirez complained about Ms. Beauman's harsh, rude, and unprofessional conduct. Defs.' Br. at 9 ¶ 33; Pl.'s Resp. at 9 ¶ 33. Although the parties dispute the substance of Ms. Ramirez's complaints, and specifically whether she reported inappropriate sexual harassment or just general bad behavior, it is undisputed that Ms. Ramirez's complaints about Ms. Beauman continued throughout Ms. Ramirez's tenure. Defs.' Br. at 9-11; Pl.'s Resp. at 9-10.
In addition, Ms. Ramirez contends that Ms. Beauman herself played a role in the disappearance of the keys. Ms. Ramirez admits she has no direct proof of Ms. Beauman's involvement, but contends that there is circumstantial evidence. Defs.' Br. at 9 ¶ 31; Pl.'s Resp., at 9 ¶ 31. First, Ms. Ramirez notes that Ms. Beauman was in the vicinity of the KeyWatcher system at the time Ms. Ramirez claims she returned her keys. Pl.'s Resp. at 6 ¶ 19(e). Second, Ms. Ramirez claims that Ms. Beauman had the motive to get Ms. Ramirez in trouble. She places a particular focus on an incident that occurred on October 14, 2005—five days before the loss of the keys. Compl. at 4 ¶¶ 28-32. On that day, Ms. Ramirez and Ms. Beauman had an altercation in the facility's control room. Ms. Ramirez contends that Ms. Beauman slammed open the door to the control room, abruptly shut off the lights to a portion of the facility, and left. Defs.' Br. at 10 ¶ 36; Pl.'s Resp. at 10 ¶ 36. Ms. Ramirez claims that she reported this conduct to several of her supervisors. Defs.' Br. at 10 ¶¶ 36, 39; Pl.'s Resp. at 10 ¶¶ 36, 39. Another incident a few weeks later further fueled Ms. Ramirez's suspicions regarding Ms. Beauman. On November 2, 2005, Ms. Ramirez reported that Ms. Beauman was taunting her about the loss of the keys, threatening that "If you don't want your keys to come up missing you better turn them in before I get there." Defs.' Br. at 10-11 ¶ 40; Pl.'s Resp. at 10 ¶ 40. Before she was terminated, Ms. Ramirez conveyed to GEO management her belief that Ms. Beauman was involved in the disappearance of key set # 33. Pl.'s Resp. at 13 ¶ 6. The parties dispute how seriously GEO investigated these reports. Id. at ¶ 7; Defs.' Reply to Resp. to Mtn. for Summ. J. [Docket No. 69] ( ) at 5 ¶ 7. In any event, the reports did not change the outcome; as discussed above, Ms. Ramirez was ultimately found responsible for the loss of the keys and lost her position as a result.
Following her termination, Ms. Ramirez filed a complaint against GEO and Ms. Beauman, asserting federal law claims for discrimination and retaliation in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., and in violation of 42 U.S.C. § 1981.1 Compl. at 9-12. The gravamen of these claims is that Ms. Beauman created a hostile and offensive workplace and that, rather than discipline Ms. Beauman, GEO discriminatorily terminated Ms. Ramirez in retaliation for her constant complaining about Ms. Beauman's conduct. Ms. Ramirez also asserts several state-law claims: breach of contract and promissory estoppel based on GEO's alleged failure to follow the policies in its employee handbook, id. at 5-9; and outrageous conduct and interference with contract against Ms. Beauman for her alleged role in the key incident, id. at 12-14.
Defendants moved for summary judgment on all claims. On August 28, 2009, the Court held a hearing on that motion. The motion is fully briefed and ripe for review.
Summary judgment is warranted under Federal Rule of Civil Procedure 56(c) when "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). A disputed fact is "material" if under the relevant substantive law it is essential to proper disposition of the claim. Wright v. Abbott Labs., Inc., 259 F.3d 1226, 1231-32 (10th Cir.2001). Only disputes over material facts can create a genuine issue for trial and preclude summary judgment. Faustin v. City & County of Denver, 423 F.3d 1192, 1198 (10th Cir.2005). An issue is "genuine" if the evidence is such that it might lead a reasonable jury to return a verdict for the nonmoving party. Allen v. Muskogee, 119 F.3d 837, 839 (10th Cir.1997). When reviewing a motion for summary judgment, a court must view the evidence in the light most favorable to the non-moving party. Id.
Ms. Ramirez contends that the discipline she received for her loss of the facility keys—i.e., her termination—was more severe than that meted out to other, similarly situated employees, and that this disparate treatment violated Title VII and 42 U.S.C. § 1981. Compl. ¶¶ 76-77, 100-101; Final Pretrial Order at 4. Ms. Ramirez asserts race-and gender-based discrimination. Final Pretrial Order at 4 (...
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