Acevedo Vargas v. Colon
| Decision Date | 07 September 1999 |
| Docket Number | Civil No. 96-2102(DRD). |
| Citation | 68 F.Supp.2d 80 |
| Parties | Luz Maria ACEVEDO VARGAS, et als., Plaintiffs, v. Gumersindo COLON, et als., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Frank D. Inserni-Milam, San Juan, PR, for plaintiffs.
Magali B. Arrivi-Cos, Carmen I. Munoz-Noya, William Vazquez-Irizarry, San Juan, PR, for defendants.
Pending before the Court is Co-defendant's, Municipality of San Juan ("MSJ"), Motion For Summary Judgment (Docket No. 34), which Plaintiffs, Luz Maria Acevedo ("Acevedo") and others, opposed (Docket No. 39). MSJ filed a Reply (Docket No. 42) to Plaintiffs' opposition. Thereafter, Plaintiffs filed a Surreply (Docket No. 45). For the succeeding reasons, Co-defendant's Motion For Summary Judgment is hereby GRANTED.
Plaintiffs filed this civil action for money damages for violation of civil rights under 42 U.S.C. § 1983; 42 U.S.C. § 12.111 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; Puerto Rico Law 17, P.R.Laws Ann. tit. 29 § 155 et seq. (1988); Puerto Rico Law 100, P.R.Laws Ann. tit. 29 § 146 et seq. (1991); Puerto Rico Law 69, P.R.Laws Ann. tit. 29 § 1321 et seq. (1985); and Article 1802 of the Civil Code of Puerto Rico, P.R.Laws Ann. tit. 31 § 5141 (1956). The defendants are Dr. José S. Belaval Health Center ("Center"), Dr. José S. Belaval Health Center Board, Inc. ("Board"), Gumersindo Colón ("Colón"), Vice-President of the Board, Cesar Rodríguez ("Rodríguez"), Executive Director of the Center, and the Municipality of San Juan ("MSJ"). Acevedo claims she was sexually harassed while serving as Medical Director of the Center. She also claims that her employer, MSJ, transferred her from said center to another center because she refused to submit to sexual demands and harassment carried out by Co-defendants Colón and Rodríguez. See (Docket No. 1). Plaintiff alleges that she was subjected to sex discrimination by the MSJ through the actions of its agents, Colón and Rodríguez, in violation of Title VII and Puerto Rico Law 100, 29 L.P.R.A. § 146 et seq. Plaintiffs' cause of action under Section 1983 against the MSJ was previously dismissed as timebarred. (Docket No. 18). In addition, the Title VII claim against Colón and Rodríguez, in their personal capacities as supervisor (employers), was previously dismissed. (Docket No. 19).
In January 1992, Co-plaintiff Acevedo was hired by the MSJ as a career employee as the Medical Director of the Center. Plaintiffs alleged that since January 1992, Co-defendant Rodríguez, as administrator and, later, Executive Director of the Center, made sexually offensive comments, constantly invited Acevedo out for a drink on Friday afternoons, and harassed her by requiring her to repeat unnecessary tasks which she had previously completed in proper manner and form.
On April 13, 1994, Co-defendant Colón asked Acevedo to prepare a report evaluating Rodríguez' work performance. On April 21, 1994, Colón called Acevedo to schedule a lunch conference with the purpose of discussing the report. They met for lunch and, afterwards, Acevedo alleges that she drove Colón to the Fishermen's Association dock. Once there, Colón invited her to come aboard his boat. Once onboard, Colón offered to show Acevedo the cabin section of the boat. When she entered that section, Colón allegedly jumped all over her, forcibly kissing and fondling her, and further attempting to undress her. Acevedo immediately pushed him away, left the boat and proceeded to her car.
At some point near the end of 1994, the MSJ sought a replacement for the Medical Director of Dr. Gualberto Rabell Health Center. Acevedo was determined to be the best candidate qualified to fill the position. See (Docket No. 34). She received a written notification of the MSJ's decision on February 13, 1995, which also notified her that her transfer to that position was going to be effective on March 1, 1995. See (Docket No. 42) and (Docket No. 45; Exh. 3). Acevedo disagreed with the decision and on February 24, 1995, filed an administrative claim before the Equal Employment and Labor Relations Office, Commission to Ventilate Complaints and Personnel Affairs. She alleged that the transfer was motivated by disagreements/controversies with the Health Department as to a request she made for federal funds and, that she did not receive an explanation of the reason for the transfer she did not request. She also alleged that due process was not followed and that her civil rights as a permanent employee of the Municipality were violated. See (Docket No. 34; Exh. J).
In addition, Acevedo filed an injunction at the Superior Court of San Juan. The Superior Court ordered a suspension of the notification on February 28, 1995. The MSJ was ordered to inform the court of the facts which constituted and motivated the transfer of Acevedo. The transfer was not effective until thirty (30) days after the MSJ filed its notification of the facts. The MSJ, through a March 14, 1995 communication notified Acevedo that her transfer was going to be effective on April 15, 1995. See (Docket No. 45; Exh. 3). On April 4, 1995, Acevedo filed a complaint with the Puerto Rico Labor Department's anti-discrimination unit ("ADU") based on the facts concerning Colón and Rodríguez's sexual harassment. (Docket No. 18). On that same date, she prepared and signed a Medical Director Report. In said report, Acevedo spelled out her allegations of harassment, retaliation, and conspiracy to violate her civil rights against Defendants. See (Docket No. 39). At that time, she alleged that the transfer decision was taken because of her refusal to submit to Colón's and Rodríguez' sexual demands and their influence on the Municipal Health Director who made such decision. A Board meeting was held on April 20, 1995, during which Acevedo read aloud her April 4th report. MSJ representatives Carlos Marrero and Elba Flores were present at that meeting. A July 12, 1995, Superior Court order upheld the validity of Acevedo's transfer. See (Docket No. 45; Exh. 3). Acevedo received her "right to sue letter" from the EEOC on June 14, 1996, and timely filed the present complaint on September 12, 1996. See (Docket No. 18).
MSJ contends that the complaint should be dismissed because Plaintiffs failed to state a cognizable claim against the MSJ pursuant to Title VII and Law 100. MSJ argues that the alleged harassers were not employees or agents of the MSJ and that the MSJ had no knowledge of the sexual harassment claims until after the transfer decision was made. MSJ alleges Acevedo's transfer was not an adverse employment decision which affected a tangible aspect of her employment.
The function of summary judgment is "to pierce the boilerplate of the pleadings and examine the parties' proof to determine whether a trial is actually necessary." Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174, 178 (1st Cir.1997) (citing Wynne v. Tufts Univ. Sch. of Med., 976 F.2d 791, 794 (1st Cir.1992)). A court may grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact ..." Fed.R.Civ.P. 56(c). "To defeat a motion for summary judgment, the nonmoving party must demonstrate the existence of a trial worthy issue as to some material fact." Cortés-Irizarry v. Corporacion Insular, 111 F.3d 184, 187 (1st Cir.1997). "In applying this formulation, a fact is `material' if it potentially affects the outcome of the case," Vega-Rodriguez, 110 F.3d at 178, and "`genuine' if a reasonable fact finder, examining the evidence and drawing all reasonable inferences helpful to the party resisting summary judgment, could resolve the dispute in that party's favor." Cortes-Irizarry, 111 F.3d at 187. "Speculation and surmise, even when coupled with effervescent optimism that something definite will materialize further down the line, are impuissant in the face of a properly documented summary judgment motion." Ayala-Gerena v. Bristol Myers-Squibb Co., 95 F.3d 86, 95 (1st Cir.1996).
"On issues where the nonmovant bears the ultimate burden of proof at trial, he may not defeat a motion for summary judgment by relying on evidence that is `merely colorable' or `not significantly probative.'" Pagano v. Frank, 983 F.2d 343, 347 (1st Cir.1993) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986)). The nonmovant must "present definite, competent evidence to rebut the motion." Mesnick v. General Electric Co., 950 F.2d 816, 822 (1st Cir.1991), cert. denied, 504 U.S. 985, 112 S.Ct. 2965, 119 L.Ed.2d 586 (1992). "The court may consider any material that would be admissible or usable at trial." See 10A CHARLES ALAN WRIGHT ARTHUR R. MILLER AND MARY KAY KANE, FEDERAL PRACTICE AND PROCEDURE § 2721, at 361 (3d ed.1998). Lipsett v. University of P.R., 864 F.2d 881, 895 (1st Cir.1988) (quoting Anderson, 477 U.S. at 249, 106 S.Ct. at 2511). The court should "`look at the record ... in the light most favorable to ... the party opposing ... the motion' ... [and] indulge all inferences favorable to the party opposing the motion." Hahn v. Sargent, 523 F.2d 461, 464 (1st Cir.1975) (quoting Poller v. Columbia Broadcasting System, 368 U.S. 464, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962)) (citations omitted). "If, after this canvassing of the material presented, the district court finds that some genuine factual issue remains in the case, whose resolution one way or another could affect its outcome, the court must deny the motion." Lipsett, 864 F.2d at 895 (citing Anderson, 477 U.S. at...
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