Trujillo v. Board of Education of the Albuquerque Public Schools

377 F. Supp. 2d 977, 2004 U.S. Dist. LEXIS 28207
CourtDistrict Court, D. New Mexico
DecidedSeptember 17, 2004
DocketNo. CIV 02-1146 JB/LFG
StatusPublished
Cited by1 cases

This text of 377 F. Supp. 2d 977 (Trujillo v. Board of Education of the Albuquerque Public Schools) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trujillo v. Board of Education of the Albuquerque Public Schools, 377 F. Supp. 2d 977, 2004 U.S. Dist. LEXIS 28207 (D.N.M. 2004).

Opinion

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendants Joseph Vigil, Susie Peck, Anthony Griego, Bruce Smith, and Ronald Williams’ Motion for Summary Judgment, filed August 11, 2003 (Doc. 41).1 The primary issues are: (i) whether Plaintiff Transito Trujillo has presented evidence showing an actionable adverse action; (ii) whether Trujillo has presented evidence showing that a link exists between any speech protected by the First Amendment and the individual Defendants’ actions; and (iii) whether anything the Defendants did amounts to a constitutional violation. Because the Court finds that the Plaintiff has not presented evidence showing a constitutional violation, the Defendants are entitled to qualified immunity, and the Court will grant the Defendants’ motion for summary judgment.

BACKGROUND

L HOW THE PARTIES PRESENTED THE FACTS TO THE COURT.

Neither the Memorandum Brief in Support of Defendants Joseph Vigil, Susie Peck, Anthony Griego, Bruce Smith, and Ronald Williams’ Motion for Summary Judgment, filed August 11, .2003 (Doc. 42), nor Plaintiff Transito Trujillo’s Response to Motion for Summary Judgment Based on Qualified Immunity, filed August 27, 2003 (Doc. 51), contains a statement of undisputed material facts. Both briefs contain either a statement of the case or an introduction characterizing the events on which this case is -based. The Response argues that the Court should deny the motion for failure to comply with local rule 56.1(b) because the brief in support does not set forth a concise, numbered list of material facts, “ ‘referfring] with particv ularity to those portions of the record upon which the movant relies.’ ” Response at 3 (quoting D.N.M. LR-CV 56.1(b)).

In the Reply in Support of Defendants Joseph Vigil, Suzie Peck, Anthony Griego, Bruce Smith, and Ron Williams’ Motion for Summary Judgmént, filed September 10, 2003 (Doc. 58), 'the Defendants set forth a brief statement of undisputed facts limited to the specific factual allegations, against each individual Defendant. Based on this list of facts in the Reply, the parties stipulated to allow Trujillo to file a surreply. See Stipulated Motion for Leave to File a Surreply, filed’September 8, 2003 (Doc. 57). The Court granted that motion, see Order Granting Leave to File Surre-ply, filed September 15, 2003 (Doc. 62), but Trujillo did not file a surreply.

The Court gave Trujillo an additional opportunity to present facts and to create a genuine issue of material fact at the [982]*982hearing held on this motion on January 9, 2004. That hearing lasted in excess of five hours. See Clerk’s Minutes, filed January 10, 2004 (Doc. 104). The Court’s statement of facts is based on the information that the parties provided in their briefing as well as at the hearing.

There does not, however, appear to be a genuine dispute of any material fact. Rather, the dispute or disputes are about how the law characterizes the facts in question. Thus, Trujillo’s First Amendment claim is appropriate to resolve by summary judgment.

IL THE ALLEGED FIRST AMENDMENT CONDUCT.

Trujillo honorably retired from the United States Air Force after 26 years of service. See Affidavit of Transito Trujillo in Aid of His Response to Certain Defendants’ Motion for Summary Judgment on the Basis of Qualified Immunity ¶¶ 1-2, at 1 (executed August 27, 2003)(hereinafter “Trujillo Aff.”). Thereafter, the Albuquerque Public Schools (“APS”) hired Trujillo at Valley High School (“VHS”) as Aerospace Science Instructor (“ASI”) in the Air Force Junior ROTC (“AFJROTC”) program. See id. Trujillo held the position of ASI for eleven years. See id. ¶ 2, at 1.

In October 2002, APS removed Trujillo from his position as ASI after the Air Force decertified him and he was, thus, no longer qualified for employment with APS. See id. ¶ 3, at 2; Complaint ¶¶ 64-65, at 23. Trujillo brought claims against Defendants in their individual capacities under § 1983 and § 1985. See Complaint ¶¶ 86-99, at 28-30. Trujillo has abandoned any claims under § 1985 and now proceeds solely under § 1983 against the individual defendants. See Transcript of Hearing at 25:9-16.2

Trujillo’s wife, Major Lourdes Trujillo, was also a qualified AFJROTC instructor. When a position for Senior ASI became available in the VHS AFJROTC program, Lourdes Trujillo applied for the position. APS hired Defendant Mark Mayerstein, rather than Lourdes Trujillo, to fill the position.

After Mayerstein’s hiring, Lourdes Trujillo filed a complaint with the EEOC. The EEOC issued a finding of “Probable Cause” that Lourdes Trujillo had been the victim of discrimination. Trujillo openly supported his wife in the EEOC process and as she prepared to litigate the issue.

Trujillo alleges that, within weeks of Mayerstein’s arrival, Mayerstein and the other individual Defendants began to act in concert to create a hostile work environment for Trujillo. In addition, Trujillo alleges that Mayerstein was abusive to students and that Trujillo spoke out against such abuse. See Response at 2. Trujillo asserts that the other individual Defendants participated in and tacitly supported Mayerstein’s efforts to discredit and harass Trujillo, including, among other similar accusations and acts, making false accusations that Trujillo had sexual intercourse with a cadet’s mother in the VHS’ Armory, exerting efforts to hyper-scrutinize Trujillo’s work, and asserting falsely that Trujillo was lazy and did not work sufficient hours. See id.

A. THE ALLEGED ACTIONS AND OMISSIONS OF THE INDIVIDUAL DEFENDANTS.

Trujillo alleges that the individual Defendants acted with the intent both to exact revenge for his support of and assistance to his wife, as well as to chill his [983]*983continued exercise of his First Amendment rights. See id. at 2-3.

1. Joseph Vigil.

Trujillo alleges that Defendant Joseph Vigil, an APS Superintendent, did not respond to letters from Trujillo and Max Hernandez, Trujillo’s advocate. See Deposition of Transito Trujillo at 252:2-21 (taken June 30, 2003). The letter from Hernandez accuses Defendant Mark May-erstein of, among other things, (i) losing a debate,with Trujillo’s wife; (ii) attempting to discredit Trujillo; and (iii) making false allegations. See Letter from Hernandez to Vigil, dated July 8, 2002 (attaching copy of letter from Hernandez to Mayerstein of same date). Trujillo also alleges that, as an APS Superintendent, Vigil had knowledge of the circumstances leading up to Trujillo’s decertification and termination. See Trujillo Depo. at 254:16 — 256:19.

2. Susie Peck.

Trujillo alleges that Defendant Susie Peck, another APS Superintendent, sent him a letter indicating: (i) that APS would review the military decertification process; (ii) that Trujillo was to return to work at Valley High School; and (iii) that APS would revisit the evaluation that Defendant Anthony Griego had voided. See Complaint ¶ 55, at 21; Trujillo Depo. at 256:20 — 258:7. Trujillo asserts that APS did not revisit his evaluation. See Trujillo Depo. at 257:10-11.

3. Bruce Smith.

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Related

Trujillo v. BOARD OF EDUC. OF ALBUQUERQUE SCHOOLS
377 F. Supp. 2d 977 (D. New Mexico, 2004)

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Bluebook (online)
377 F. Supp. 2d 977, 2004 U.S. Dist. LEXIS 28207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trujillo-v-board-of-education-of-the-albuquerque-public-schools-nmd-2004.