Ramos-Biaggi v. Martinez

98 F. Supp. 2d 171, 2000 U.S. Dist. LEXIS 6821, 2000 WL 575042
CourtDistrict Court, D. Puerto Rico
DecidedApril 7, 2000
DocketCIV.98-1571(HL), 98CV1571
StatusPublished
Cited by4 cases

This text of 98 F. Supp. 2d 171 (Ramos-Biaggi v. Martinez) 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
Ramos-Biaggi v. Martinez, 98 F. Supp. 2d 171, 2000 U.S. Dist. LEXIS 6821, 2000 WL 575042 (prd 2000).

Opinion

OPINION AND ORDER

LAFFITTE, Chief Judge.

This litigation is the result of Plaintiff Stuart Ramos-Biaggi’s (“Ramos”) termination from his job as Chancellor of the University of Puerto Rico at Mayaguez (“Mayaguez campus”). Ramos alleges that Defendants Fred H. Martinez (“Martinez”) and Dr. Norman Maldonado (“Dr.Maldonado”) participated in effecting Ramos’ termination because of Ramos’ unwillingness to hire professors based on them party affiliation.

*173 Ramos brings suit against Martinez, Dr. Maldonado, and the University of Puerto Rico under 42 U.S.C. § 1983 for violation of his First Amendment rights, his right to due process, and his right to equal protection. See U.S. CONST, amend. I & XIV. Ramos names the University of Puerto Rico as a defendant only for the purpose of implementing any equitable remedies that the Court may grant. Ramos also brings, by way of an amendment to his original complaint, a § 1983 claim of retaliation against Defendant Fred Soltero-Harring-ton (“Soltero”), Ramos’ successor as Chancellor. Finally, Ramos presses Puerto Rico law claims for violation of his rights to equal protection and due process under the Puerto Rico Constitution, P.R. LAWS ANN. tit. 31, § 5141 (1991) (“Article 1802”), and P.R. LAWS ANN. tit. 29, § 146 (1995) (“Law 100”); in so doing, Ramos invokes this Court’s supplemental jurisdiction. See 28 U.S.C.A. § 1367 (West 1993). Both sides have filed motions for summary judgment and responses. See Dkt. Nos. 11,18, 29, 37, 39, 47, 63, 76, and 78. Further, on March 10, 2000, the Court heard nearly four hours of oral arguments from counsel for both sides regarding the issues facing disposition on summary judgment. For reasons that follow, the Court grants summary judgment for Defendants on all claims, including Plaintiffs retaliation claim. Plaintiffs Motion for Partial Summary Judgment, Dkt. No. 29, is denied.

Standard for Summary Judgment

The Court shall grant a motion for 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 and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). 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. 2505, 91 L.Ed.2d 202 (1986). In determining if a material fact is “genuine,” the Court does not weigh the facts but, instead, ascertains whether “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.; Leary v. Dalton, 58 F.3d 748, 751 (1st Cir.1995).

Once a party moves for summary judgment, it bears the initial burden. Specifically, “a party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the [evidence] ... which it believes demonstrate the absence of a genuine issue of material fact.” Crawford-El v. Britton, 523 U.S. 574, 118 S.Ct. 1584, 1598 n. 22, 140 L.Ed.2d 759 (1998) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

Once this threshold is met, the burden shifts to the nonmoving party. The non-movant may not rest on mere conclusory allegations or wholesale denials. Fed. R.Civ.P. 56(e); Libertad v. Welch, 53 F.3d 428, 435 (1st Cir.1995). Instead, the non-moving party must “set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). Further, the nonmovant “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., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

Of course, the Court draws inferences and evaluates facts “in the light most favorable to the nonmoving party.” Leary, 58 F.3d at 751 (1995). Still, even in discrimination cases, summary judgment is appropriate where the nonmoving party rests entirely upon “conclusory allegations, improbable inferences, and unsupported speculation” on any essential element of the discrimination claim. Medina-Muñoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

Statement of Facts

For purposes of this disposition, the Court shall give only a skeletal outline of *174 the long factual scenario upon which this case is founded, presenting the facts in the light most favorable to Plaintiff and drawing all inferences in his favor.

The University of Puerto Rico is made up of eleven constituent campuses. Dkt. No. 89 at 32. Upon the Court’s inquiry at oral argument, counsel for both parties estimated that these eleven campuses, one of which is the Mayaguez campus, serve approximately 72,000 students. The May-aguez campus has its own Chancellor, and the Chancellor serves “at the will of the Board” of Trustees (“Board”). Dkt. No. 89 at 32; P.R. LAWS ANN. tit. 18, § 606(a) (1994); P.R. LAWS ANN. tit. 18, § 602(e)(7) (1997). Further, the Chancellor reports to the Board, normally through the President of the University, Dr. Norman Maldonado. See Dkt. No. 89 at 33. Dr. Maldonado is not a member of the Board and has no vote in Board decisions. The Board consists of thirteen members, including Defendant Martinez, the Chairman of the Board of Trustees at all times relevant to the instant case. Dkt. No. 89 at 32-33. Of the thirteen members of the Board, ten are appointed by the Governor of Puerto Rico with the advice and consent of the Senate of Puerto Rico; two are tenured faculty members elected to the Board by the faculty; and one is a student at the Mayaguez campus elected by the student body. See Dkt. No. 89 at 32.

Beginning in July of 1994, Ramos served as Chancellor of the Mayaguez campus. Dkt. No. 89 at 33. During Ramos’ time in office, Defendants Martinez and Dr. Maldonado came under pressure from certain NPP loyalists to ensure that more NPP adherents found their way into various faculty and administrative positions at the Mayaguez campus. Martinez and Dr. Maldonado relayed these concerns to Ramos, who made clear that he was unwilling to consider political affiliation in making any appointments. Martinez and Dr.

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Bluebook (online)
98 F. Supp. 2d 171, 2000 U.S. Dist. LEXIS 6821, 2000 WL 575042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-biaggi-v-martinez-prd-2000.