943 F.2d 129 (1st Cir. 1991), 90-1635, Santiago de Castro v. Morales Medina

Docket Nº:90-1635.
Citation:943 F.2d 129
Party Name:Ramonita SANTIAGO de CASTRO, Plaintiff, Appellant, v. Victor MORALES MEDINA, Defendant, Appellee.
Case Date:August 29, 1991
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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Page 129

943 F.2d 129 (1st Cir. 1991)

Ramonita SANTIAGO de CASTRO, Plaintiff, Appellant,

v.

Victor MORALES MEDINA, Defendant, Appellee.

No. 90-1635.

United States Court of Appeals, First Circuit

August 29, 1991

Heard Nov. 7, 1990.

Victor E. Baez, with whom Rosalinda Pesquera Davila and Elias Davila Berrios, were on brief for plaintiff, appellant.

Anabelle Rodriguez, Asst. Sol. Gen., with whom Jorge E. Perez-Diaz, Sol. Gen., and Norma Cotti-Cruz, Deputy Sol. Gen., were on brief for defendant, appellee.

Before CAMPBELL, TORRUELLA and CYR, Circuit Judges.

Page 130

CYR, Circuit Judge.

Ramonita Santiago de Castro, a tenured high school teacher at the Trina Padilla de Sanz Public High School in Puerto Rico, appeals from the judgment dismissing her civil rights action against her immediate supervisor, appellee Victor Morales Medina. The district court granted judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), on the ground that the complaint failed to state a claim on which relief could be granted under 42 U.S.C. § 1983. 737 F.Supp. 729. We affirm.

I

DISCUSSION

Under rule 12(c) the district court "must accept all of the non-movant's well-pleaded factual averments as true and draw all reasonable inferences in h[er] favor," Rivera-Gomez v. de Castro, 843 F.2d 631, 635 (1st Cir.1988) (citations omitted); and even then judgment may not be entered on the pleadings "unless it appears beyond doubt that the plaintiff can prove no set of facts in support of h[er] claim which would entitle h[er] to relief," id. (quoting George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp., 554 F.2d 551, 553 (2d Cir.1977) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957))). A grant of judgment on the pleadings is subject to plenary review. International Paper Co. v. Jay, 928 F.2d 480, 482 (1st Cir.1991).

According to the complaint, between August 1, 1988, and February 6, 1989, appellant was "directly, continuously and consistently harassed ... in many ways" by her supervisor, Morales. Among its more specific allegations, the complaint charges that Morales: berated appellant in the presence of her students; ordered her, in a "crass and gross tone," to admit a student she had turned away from her class; rendered an oral evaluation (which he refused to put in writing) that appellant was not a good teacher; and made repeated calls to appellant's co-workers "defaming Santiago and creating an uncomfortable environment for her to work." As a result of such...

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