Ramirez-Aguirre v. Ranger American Armored Services, Inc.

330 F. Supp. 2d 52, 15 Am. Disabilities Cas. (BNA) 1667, 2004 U.S. Dist. LEXIS 15853, 94 Fair Empl. Prac. Cas. (BNA) 1582, 2004 WL 1803202
CourtDistrict Court, D. Puerto Rico
DecidedAugust 11, 2004
DocketCivil 02-2639 (JAG)
StatusPublished

This text of 330 F. Supp. 2d 52 (Ramirez-Aguirre v. Ranger American Armored Services, 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
Ramirez-Aguirre v. Ranger American Armored Services, Inc., 330 F. Supp. 2d 52, 15 Am. Disabilities Cas. (BNA) 1667, 2004 U.S. Dist. LEXIS 15853, 94 Fair Empl. Prac. Cas. (BNA) 1582, 2004 WL 1803202 (prd 2004).

Opinion

OPINION AND ORDER

GARCIA-GRE GORY, District Judge.

On February 20, 2004, defendant, Ranger American Armored Services, Inc. (“Ranger”), moved pursuant to Fed.R.Civ.P. 56(b) for dismissal of plaintiffs claims of nationality and disability-based discrimination (Docket No. 34). On March 16, 2004, plaintiff, Freddy Ramirez-Aguirre (“Ramirez”), opposed (Docket No. 43). For the reasons discussed below, the Court GRANTS Ranger’s motion for summary judgment.

FACTUAL BACKGROUND 1

Plaintiff Ramirez was born in Lima, Perú. While in Perú he studied auto mechanics at a technical school. Approximately twenty-three years ago, Ramirez entered United States territory with a tourist visa, which eventually expired. Ramirez arrived in Puerto Rico twelve years ago. Seven years ago, he legalized his status.

As a result of an ostensible car-jacking that occurred January 1, 1999, Ramirez suffers from a right-hand nerve injury that limits its use. His left-hand is the dominant one, however, and Ramirez demonstrates ambidextrous skills. On or about April 1999, Ramirez requested the services of the Vocational Rehabilitation Administration (“Administration”). At the Administration his case was processed by a licensed rehabilitation counselor, and he was eventually referred to undergo evaluations by a physiatrist, a physical therapist, and an occupational therapist.

Defendant Ranger is dedicated to the transportation and safeguarding of currency and other valuables, and as such owns and operates a fleet of armored trucks. On July 27, 1999, Ranger hired Ramirez as an electro-mechanic, without the intervention of the Administration. At the time of hiring, Ramirez’s nationality and arm impairment were evident yet overlooked. At Ranger, Ramirez’s duties included the repair of electronic and mechanical deficiencies in the armored trucks.

On May 29, 2001, Administration personnel visited Ramirez at Ranger. While there, it was observed that Ramirez was able to perform his duties and use all types of tools without difficulty, had no palpable need for special medical assistive equipment (although it was noted that plaintiff lacked basic tools such as pliers and “cable-cutters”), and that the attitude of Ramirez’s co-workers during the evaluation was friendly and cooperative.

On December 7, 2001, Ramirez was discharged. Consequently, Ramirez filed the present claim. Pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e-2(a)(l) (“Title VII”), and the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12112(b)(5)(A) (“ADA”), plaintiff alleged that he was discharged from employment because of his national origin, his alleged disability, and as retaliation for engaging in statutorily protected activities. Additionally, Ramirez invoked supplemental jurisdiction of this Court, pursuant to 28 U.S.C. § 1367, as to Ranger’s supposed violation of Puerto Rico’s Act No. 100 of June 30, 1959, 29 L.P.R.A. § 146, Act No. 80 of May 30, 1976, 29 L.P.R.A. § 185(a), Act No. 44 of July 2, 1985, 1 L.P.R.A. § 501, and Act 115 of December 20,1991, 29 L.P.R.A. § 194.

*55 DISCUSSION

A. Standard for Reviewing a Motion for Summary Judgment

The court’s discretion to grant summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure. Rule 56 states, in pertinent part, that the court may grant summary judgment only 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 and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); See also Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52. (1st Cir.2000).

Summary judgment is appropriate if “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” See Fed.R.Civ.P. 56(c). The party moving for summary judgment bears the burden of showing the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Once a properly supported motion has been presented before the court, the opposing party has the burden of demonstrating that a trial-worthy issue exists that would warrant the court’s denial of the motion for summary judgment. For issues where the opposing party bears the ultimate burden of proof, that party cannot merely rely on the absence of competent evidence, but must affirmatively point to specific facts that demonstrate the existence of an authentic dispute. See Suarez v. Pueblo Int’l, Inc., 229 F.3d 49 (1st Cir.2000).

In order for a factual controversy to prevent summary judgment, the contested facts must be “material” and the dispute must be “genuine”. “Material” means that a contested fact has the potential to change the outcome of the suit under governing law. The issue is “genuine” when a reasonable jury could return a verdict for the nonmoving party based on the evidence. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). 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.” Id. at 252. 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).

In making this assessment, the court “must view the entire record in the light most hospitable to the party opposing summary judgment, indulging in all reasonable inferences in that party’s favor.” Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990). The court may safely ignore “conclusory allegations, improbable inferences, and unsupported speculation.” Medina-Muñoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

B. Defendant’s Motion for Summary Judgment

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Harris v. Forklift Systems, Inc.
510 U.S. 17 (Supreme Court, 1993)
Sutton v. United Air Lines, Inc.
527 U.S. 471 (Supreme Court, 1999)
Murphy v. United Parcel Service, Inc.
527 U.S. 516 (Supreme Court, 1999)
Maldonado-Denis v. Castillo-Rodriguez
23 F.3d 576 (First Circuit, 1994)
Katz v. City Metal Co.
87 F.3d 26 (First Circuit, 1996)
Soileau v. Guilford of Maine, Inc.
105 F.3d 12 (First Circuit, 1997)
Febres v. Challenger Caribbean Corp.
214 F.3d 57 (First Circuit, 2000)
Santiago-Ramos v. Centennial P.R. Wireless Corp.
217 F.3d 46 (First Circuit, 2000)
Reed v. Lepage Bakeries, Inc.
244 F.3d 254 (First Circuit, 2001)
Lebron-Torres v. Whitehall Laboratories
251 F.3d 236 (First Circuit, 2001)
Wright v. Comp USA, Inc.
352 F.3d 472 (First Circuit, 2003)
Robert C. Hahn v. Francis W. Sargent
523 F.2d 461 (First Circuit, 1975)
Louis P. Forrisi v. Otis R. Bowen
794 F.2d 931 (Fourth Circuit, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
330 F. Supp. 2d 52, 15 Am. Disabilities Cas. (BNA) 1667, 2004 U.S. Dist. LEXIS 15853, 94 Fair Empl. Prac. Cas. (BNA) 1582, 2004 WL 1803202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-aguirre-v-ranger-american-armored-services-inc-prd-2004.