Santiago v. United States Department of Army

128 F. Supp. 3d 469, 2015 U.S. Dist. LEXIS 100658, 2015 WL 4619683
CourtDistrict Court, D. Puerto Rico
DecidedJuly 31, 2015
DocketCivil No. 13-1700 (BJM)
StatusPublished
Cited by1 cases

This text of 128 F. Supp. 3d 469 (Santiago v. United States Department of Army) 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.

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Santiago v. United States Department of Army, 128 F. Supp. 3d 469, 2015 U.S. Dist. LEXIS 100658, 2015 WL 4619683 (prd 2015).

Opinion

OPINION AND ORDER

BRUCE J. McGTVERIN, United States Magistrate Judge.

Hector Santiago filed a complaint against the United States Department of the Army and John McHugh, Secretary of the Army. Santiago, a civilian Army employee who worked in the Army’s Equal Employment Opportunity (“EEO”) office, alleges defendants retaliated against him for his role in processing discrimination claims, resulting in his non-selection for a promotion and his reassignment, in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and other federal laws.1 Docket No. 1 (“Compl.”). The government moves to dismiss on the grounds of res judicata and failure to exhaust administrative remedies, and in the alternative moves for summary judgment for failing to adduce admissible evidence of retaliation. Docket No. 34.2 Santiago opposed the motion. Docket No. 47. The government replied. Docket No. 55. This [472]*472case is before me on consent of the parties. Docket Nos. 14-15. For the reasons that follow, the Army’s motion is granted.

STANDARD OF REVIEW

Summary judgment is appropriate when “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 dispute is “genuine” only if it “is one that 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); 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). The initial burden on summary judgment lies always with the moving party; it is tasked with “informing the district court of the basis for its motion, and identifying those portions” of materials in the record “which it believes demonstrate the absence” of a genuine dispute as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Where, as in the usual case, the moving party would not at trial be saddled with the burden of proof, it may discharge this threshold responsibility in two ways, either by producing evidence negating an essential element of the nonmoving party’s claim, Carmona v. Toledo, 215 F.3d 124, 132 (1st Cir.2000), or by showing “that there is an absence of evidence to support the nonmoving party’s case,” Celotex, 477 U.S. at 325, 106 S.Ct. 2548; see Fed. R.Civ.P. 56(c)(1)(B). Once that bar is cleared, “the burden shifts to the summary judgment target to demonstrate that a trialworthy issue exists,” Plumley v. S. Container, Inc., 303 F.3d 364, 368 (1st Cir. 2002), by “affirmatively pointing] to specific facts” in the record revealing the presence of a meaningful dispute, McCarthy v. Nw. Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995).

In assaying the parties’ submissions, the court does not act as trier of fact 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). It must, rather, “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). 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., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), and may not escape on the back of “conclusory allegations, improbable inferences, and unsupported speculation,” Medina-Muñoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

BACKGROUND

Except as otherwise noted, the following facts are those I consider undisputed and supported by competent evidence upon review of the parties’ Local Rule 56 statements of facts.3 See Docket Nos. 35 [473]*473(“DSMF”), 46 (“PSMF”), 48 (“ASMF”), 56 (“RSMF”).

I. Factual Background

Santiago started his career as a civilian employee of the Army in 2001 when he accepted a Management Assistant position at Fort Buchanan. DSMF ¶ 1. In 2002, Santiago started doing collateral duty as an EEO Counselor, and moved to the EEO office full time as an EEO specialist in August 2007. Id. In April 2008, the EEO Director, Magda Figueroa (“Figueroa”), was absent and Santiago was named Acting EEO Director. Id. ¶2. Santiago continued to perform those duties, as well as the duties of EEO Specialist and EEO Counselor, until his reassignment in May 2011. Id. Santiago claims that while acting as Director he performed the same duties that Figueroa performed as Director. ASMF ¶¶ 23, 29-32, 57-58. Defendants present evidence to the contrary and claim that Santiago was not responsible for writing letters of acceptance and dismissal, nor for completing supervisory duties. RSMF ¶¶ 23, 29-32, 57-58.

While acting in his EEO capacity, Santiago was not a witness in any case and did not make determinations of discrimination, but served a management role and tried to coordinate potential mediation between the parties. DSMF ¶ 5. Santiago never opined that discrimination had occurred in any case; nor was he ever in a situation where he felt like he was opposing discrimination against another employee. Id.

Santiago asserts that Figueroa and Gun-nar Pedersen (“Pedersen”), Deputy to the Commander, retaliated against him based on his handling of six specific EEO claims transpiring between 2007 and 2009 that involved allegations against management. Id. ¶ 4; Compl. ¶¶ 5.11, 5.15. Defendants claim that Santiago does not remember the six claims or know anything about those claims that would cause management to retaliate. DSMF ¶4. Santiago admits to this lack of knowledge with the exception that he knows that Figueroa’s name was mentioned in one of these claims. PSMF ¶4.

Santiago contends that Figueroa was disappointed that her name was written into a settlement agreement for an EEO claim in which she was not a proper defendant, as the employer is the only proper defendant under federal discrimination laws. DSMF ¶ 3. Santiago contends that Figueroa’s disappointment motivated her complaint that Santiago did not “watch his commander’s back” while acting as Director of the EEO Office. Id.

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128 F. Supp. 3d 469, 2015 U.S. Dist. LEXIS 100658, 2015 WL 4619683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-united-states-department-of-army-prd-2015.