Cornelius-Millan v. Caribbean University, Inc.

261 F. Supp. 3d 143
CourtDistrict Court, D. Puerto Rico
DecidedMay 18, 2016
DocketCivil No. 13-1873 (BJM)
StatusPublished
Cited by3 cases

This text of 261 F. Supp. 3d 143 (Cornelius-Millan v. Caribbean University, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cornelius-Millan v. Caribbean University, Inc., 261 F. Supp. 3d 143 (prd 2016).

Opinion

OPINION AND ORDER

BRUCE J. McGIVERIN, United States Magistrate Judge

Following a brawl between Pedro Cornelius-Millan (“Cornelius”) and Professor Luis Estades (“Estades”), Caribbean University, Inc. (“Caribbean” or “the University”) expelled Cornelius from the University. Cornelius brought this action against Caribbean, Estades, and other named defendants, alleging race discrimination and retaliation in violation of Title VI of the CM Rights Act of 1964 (“Title VI”), 42 U.S.C. § 2000d, slanderous defamation in violation of Puerto Rico law, and several other claims. Docket No. 3. Defendants previously moved for judgment on the pleadings, and only two claims survived: the Title VI retaliation claim against Caribbean and the slander claim against Es-tades. Docket No. 52. Caribbean and Es-tades each moved for summary judgment, Docket Nos. 70, 74, 91-1, 92-1, and Cornelius opposed. Docket Nos. 81, 87. The case is before me on.consent of the parties. Docket No. 60.

For the following reasons, the motions for summary judgment are GRANTED.

SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate when the movant shows “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A dispute is “genuine” only if it “is one that could be [146]*146resolved in favor of either party.” Calero-Cerezo v. U.S. Dep’t of Justice, 365 F.3d 6, 19 (1st Cir. 2004). A fact is “material” only if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2506, 91 L.Ed.2d 202 (1986). The moving, party bears the initial burden of “informing the district court of the basis for its motion, and identifying those portions” of the record materials “which it believes demonstrate the absence” of .a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265. (1986).

The court does not act as trier of fact when • reviewing the parties’ submissions and so cannot “superimpose [its] own ideas of probability and likelihood .(no matter how reasonable those ideas may be) upon” conflicting evidence. Greenburg v. P.R. Mar. Shipping Auth., 835 F.2d 932, 936 (1st Cir. 1987). Rather, it must “view the entire record in the light most hospitable to the party opposing summary judgment, indulging all reasonable inferences in that party’s favor.” Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir. 1990). The court may not grant summary judgment “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 248, 106 S.Ct. 2505. But the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts,” Matsushita Elec. Indus. Co, v. Zenith Radio Corp., 476 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), and may not rest upon “conelusory allegations, improbable inferences, and unsupported speculation.” Medina-Muñoz v. R.J. Reynolds Tobacco Co., 896 F,2d 5, 8 (1st Cir. 1990).

BACKGROUND

Except where otherwise noted, the following facts are drawn from the parties’ Local Rule 561 submissions.2

[147]*147Caribbean is a non-profit private university that offers undergraduate and graduate degree programs via four campuses in Puerto Rico: Bayamon, Carolina, Ponce, and Vega Baja. Compl. ¶ 3.1; Docket No. 73-7 at 2. Ana Cucurella Adorno (“Cucu-rella”) is the University’s President; Sonia Pacheco Collado (“Pacheco”) is the University’s Academic Director for the Ponce campus; and Estades is a professor who teaches at the Ponce campus, CSUF ¶¶ 1, 3, 46. Cornelius, a black student, was enrolled in Caribbean’s undergraduate engineering program and attended classes at the University’s campus in Ponce, Puerto Rico. Compl. ¶ 3.0.

Cornelius first met Estades when he enrolled in his Surveying course, a semester-long class that began in January 2012. CSUF ¶ 1; FSCF ¶ 1. During this course, Estades made somewhat critical comments about Cornelius’s work: that his nails would get dirty if he used the instruments in a certain way; that he was hesitant to pick up or carry the instruments; that he relied on other students- to -do the work; and that he did not want to do the work. CSUF ¶4. Toward-the end of the semester, sometime around May 2012, Estades and Cornelius got into an argument in the University’s library. FSCF ¶¶3-7. Seemingly challenging Cornelius to a fight, Es-tades asked Cornelius to accompany him outside so they 'could “solve this right now.” FSCF ¶4. Apparently up for the challenge, Cornelius followed Estades outside. FSCF ¶ 4. After exchanging a few words, the standoff diffused and the two went on their way. FSCF ¶ 5. Cornelius did not report to the University the incidents up to this juncture, and claimed he did not do so because he planned to take Estades’s Advanced Surveying course. FSCF'¶ 7.

The following semester, Cornelius enrolled in Advanced Surveying, which was held from August to’ December 2012. ESUF ¶2. Around the end of December 2012 or early January 2013, Cornelius learned that he received a “B” as his final grade in Advanced Surveying. ESUF ¶ 3. He thought he had earned 100% of the points for the class and so did not agree with the percentage points he actually received: 87%. ESUF ¶¶ 4-5. He challenged that grade when the new semester began in 2013 by submitting the necessary form to the .University’s Registrar’s Office. ESUF ¶¶ 5, 7. Though he does not recall anything that he included in the form, he is sure that he did not immediately receive a response from the University. ESUF ¶¶ 8-9.

On the afternoon of February 12, 2013, Cornelius was in the University’s library with a fellow student, Jean Carlos Ayala (“Ayala”), who also had requested a grade change from Estades. ESUF ¶ 10. .Estades approached them to discuss each of their requested grade revisions, starting with Ayala. ESUF ¶12. As the two discussed the matter, Estades started to “get mad.” ESUF ¶ 13. At this point, Cornelius interjected to discuss his request for a grade change. ESUF ¶ 13, Irked by the interjec-tipn, Estades told Cornelius, “Shut up, you qocky man,” and continued talking with Ayala. ESUF ¶ 13. In Cornelius’s presence, Estades next told Ayala that Cornelius was a “cocky man” and “little crybaby.” ESUF ¶ 14. Estades continued to insult Cornelius, became angrier, and challenged him to go outside because they were going to “solve this as men.” ESUF ¶¶ 15-16.

[148]*148Apparently accepting the challenge, Cornelius followed him into the library’s lobby area. ESUF ¶ 17. Cornelius told Es-tades that he “was not well” and that he was “as much of a professor as” Estades. ESUF ¶ 17. Upon hearing this, Estades became even angrier, called Cornelius an “asshole,” and asked him to go outside so that he could “break Cornelius’s face.” ESUF ¶ 18. Cornelius followed Estades into an outdoor patio area, where Estades called Cornelius a “cocky black man” and leveled a “full-swing slap” onto Cornelius’s face and chest. ESUF ¶¶ 19-21.

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Cite This Page — Counsel Stack

Bluebook (online)
261 F. Supp. 3d 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornelius-millan-v-caribbean-university-inc-prd-2016.