Grajales v. Puerto Rico Ports Authority

924 F. Supp. 2d 374, 2013 WL 633071, 2013 U.S. Dist. LEXIS 24912
District Court, D. Puerto Rico·Decided February 21, 2013·No. Civil No. 09-2075 (FAB)·Published·Cited by 1 cases

Opinion

OPINION AND ORDER

BESOSA, District Judge.

Before the Court is defendant Puerto Rico Ports Authority’s motion for summary judgment. (Docket No. 186.) Having considered the motion and plaintiffs’ response, (Docket No. 206), the Court DENIES defendant PRPA’s motion.

DISCUSSION

I. Procedural Background

On October 16, 2009, plaintiff Daniel Grajales (“Grajales”), his wife Wanda Gonzalez, and their conjugal partnership1 filed a complaint against the defendants. (Docket No. 1.) The complaint included a general claim for civil rights violations pursuant to 42 U.S.C. sections 1988 (“section 1988”) and 1985 (“section 1985”), Title VII of the Civil Rights Act (“Title VII”), state claims for damages under the laws of the Commonwealth of Puerto Rico, and Puerto Rico Law No. 100 for alleged discrimination. Id. Plaintiff Grajales filed an amended complaint pursuant to a court order on February 26, 2010. (Docket No. 31.) He filed a second amended complaint on September 27, 2010. (Docket No. 66.) . The second amended complaint included as defendants the Puerto Rico Ports Authority (“PRPA”), a public corporation, and Alvaro Pilar-Vilagran (“Pilar”), the then Execufive Director of the PRPA, Miguel Alcover-Colon (“Alcover”), an internal security officer of Aguadilla Airport and one of plaintiffs subordinates; Elmer Emeric-Oliver (“Emeric”), the Director of General Security at the PRPA; Gonzalo GonzalezSantini (“Gonzalez”), the manager of the Aguadilla airport; Carlos Travieso (“Travieso”), the acting security supervisor of Aguadilla Airport; among others, in their official and personal capacities (collectively, “defendants”). (Docket No. 66.) Plaintiff Grajales argues that defendants subjected him to political discrimination through a variety of occurrences. Id. On August 31, 2012, plaintiff Grajales filed a third amended complaint. (Docket No. 146.) In the third amended complaint, he added a wrongful termination claim against defendant PRPA and added his minor children, ZGG, DGG, and CGG as plaintiffs in the suit for damages under Puerto Rico law. See id.

On October 30, 2012, the parties stipulated that plaintiffs complaint against the individually named defendants in their personal capacity be dismissed with prejudice. (Docket No. 177.) On that same date, the Court dismissed the claims against Pilar, Travieso, Emeric, Gonzalez, and Alcover in their personal capacities with prejudice. (Docket No. 178.)

On November 30, 2012, defendant PRPA filed two motions for summary judgment. (Docket Nos. 184 and 186.) The first motion for summary judgment (Docket No. 184) argues that the doctrines of res judicata,2 collateral estoppel, and fragmentation estoppel apply to this case, and there[378]*378fore, the case should be dismissed. Id. On February 13, 2013, 922 F.Supp.2d 240, 2013 WL 525100, the Court denied defendant PRPA’s first motion for summary judgment. (Docket No. 247.)

In its second motion for summary judgment, (Docket No. 186), defendant PRPA argues that plaintiff Grajales lacks evidence to show actionable political discrimination. Therefore, defendant PRPA requests that the Court dismiss plaintiffs third amended complaint with prejudice. On December 28, 2012, plaintiff Grajales opposed defendant PRPA’s second motion for summary judgment. (Docket No. 206.) Both parties also filed attachments and certified translations of certain documents to support their arguments. (See Docket Nos. 186,196, 206, 207, and 219.)

On February 15, 2013, the Court dismissed the claims against defendants Emeric, Gonzalez, Alcover, and Pilar in their official capacities. (Docket No. 259.) The Court also dismissed plaintiffs Title VII claim against PRPA with prejudice. Id. Only plaintiffs claims against defendant PRPA and defendant Travieso in his official capacity remain. The Court will address defendant PRPA’s motion for summary judgment regarding these two defendants.

For the reasons discussed, the Court DENIES defendant PRPA’s motion for summary judgment.

II. Summary Judgment Standard

The Court may grant a motion for summary judgment “if the movant shows that 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 fact is “material” if it has the potential to “affect the outcome of the suit under the governing law.” Id. A dispute is “genuine” when it “could be resolved in favor of either party.” Calero-Cerezo v. U.S. Dep’t of Justice, 355 F.3d 6, 19 (1st Cir.2004).

The party moving for summary judgment has the initial burden of “demonstrating] the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party must demonstrate this absence with definite and competent evidence. See Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994). It must identify “portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any’ ” which support its motion. Id. (citing Fed.R.Civ.P. 56(c)). Once a properly supported motion has been presented, the burden shifts to the non-moving party “to demonstrate that a trier of fact reasonably could find in [its] favor.” Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir.2000) (internal citation omitted).

If the non-moving party establishes uncertainty as to the “true state of any material fact, the movant’s efforts should be deemed unavailing.” See Lopez & Medina Corp. v. Marsh USA, Inc., 694 F.Supp.2d 119, 123 (D.P.R.2010) (citing Suarez v. Pueblo Int’l, 229 F.3d 49, 53 (1st Cir.2000)). It is well-settled that “[t]he mere existence of a scintilla of evidence” is insufficient to defeat a properly supported motion for summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). It is therefore necessary that “a party opposing summary judgment must ‘present definite, competent evidence to rebut the motion.’ ” Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994) (internal citation omitted). In making this assessment, the Court must take the entire record in the light most favorable to the nonmoving party and draw all reasonable [379]*379inferences in its favor. Farmers Ins. Exch. v. RNK, Inc., 632 F.3d 777, 779-80 (1st Cir.2011).

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Grajales v. Puerto Rico Ports Authority, 924 F. Supp. 2d 374, 2013 WL 633071, 2013 U.S. Dist. LEXIS 24912 (prd 2013).

924 F. Supp. 2d 374 (Grajales v. Puerto Rico Ports Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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