Valentín-Almeyda v. Municipality of Aguadilla

447 F.3d 85, 103 Fair Empl. Prac. Cas. (BNA) 1273, 2006 U.S. App. LEXIS 11584, 88 Empl. Prac. Dec. (CCH) 42,576
CourtCourt of Appeals for the First Circuit
DecidedMay 9, 2006
DocketNos. 04-2413, 04-2414
StatusPublished
Cited by131 cases

This text of 447 F.3d 85 (Valentín-Almeyda v. Municipality of Aguadilla) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Valentín-Almeyda v. Municipality of Aguadilla, 447 F.3d 85, 103 Fair Empl. Prac. Cas. (BNA) 1273, 2006 U.S. App. LEXIS 11584, 88 Empl. Prac. Dec. (CCH) 42,576 (1st Cir. 2006).

Opinion

LYNCH, Circuit Judge.

The Municipality of Aguadilla, Puerto Rico, and one of its police officers, Sgt. Justo Cruz, appeal from respective jury awards against them totaling over $1 mil[89]*89lion. The sums were awarded to Blanca Valentín-Almeyda, a municipal police officer, on her Title VII, 42 U.S.C. § 2000e et seq., and Puerto Rico Law 17, P.R. Laws Ann. tit. 29, § 155 et seq., claims of sexual harassment, retaliation, and violation of due process.

The defendants argue that the evidence was insufficient to support either liability or the damages awarded, and, as a result, the district court erred in denying their motion under Federal Rules of Civil Procedure 50(b) and 59(a) for judgment notwithstanding the verdict, remittitur, or a new trial.

The Municipality also attacks the verdict form, arguing that it led the jury to award duplicate damages, and the court’s failure to instruct the jury on the affirmative defense recognized in Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), and Burlington Industries v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). The Municipality concedes that it has forfeited these claims by decisions it made at trial.

The defendants also mount unsuccessful attacks on the district court’s rulings that the Law 17 claim against Cruz was not time-barred, that certain evidence was inadmissible, and that reinstatement was proper. In short, the defendants lost this case at trial and they cannot win it here. We affirm.

I.

We recount the evidence in the light most favorable to the verdict. See Arrie-ta-Colon v. Wal-Mart P.R., Inc., 434 F.3d 75, 79 (1st Cir.2006).

Valentin worked for the Municipal Police of Aguadilla from February 15, 1997 until January 27, 2003, when her employment was terminated.1 She was trained at the Police Academy, where she graduated at the top of her class. She worked for a two-year probationary period before she became a permanent employee. Her supervisors, including Cruz, and her coworkers agreed she was a good police officer.

Cruz was an administrative sergeant whose duties included checking the officers’ entry and exit logs. He kept track of attendance and could impose sanctions for attendance problems. At times, he had direct supervisory authority over Valentin. He also had some power to affect her work assignments. He worked in a small shared space with a secretarial pool of four or five secretaries, including Norma Gonzalez and Norma Ortiz.

In February 2000, Valentin, then aged thirty-six, separated from her husband; they ultimately were divorced in March 2001. In August 2000, Cruz began a crude campaign to win her affections. His comments were mild initially. He told her on several occasions that she had “pretty eyes” and “nice hair” and that her husband did not appreciate what he was leaving behind. He also told her she looked beautiful in the morning. Valentin objected to Cruz’ remarks. But instead of stopping, Cruz escalated matters in September and October of 2000. He told Valentin she had “great legs” and twice told her she had “horny” eyes. Although Valentin was upset and tried to discourage him, he persisted, telling her many times that she was “hot-hot-hot.” He then told her that her legs were “pretty enough” to have “hooked over his shoulders.” ■

A number of people at the station knew that Cruz was chasing Valentin. Norma [90]*90Ortiz, one of the secretaries, confirmed that Cruz made the reported comments about Valentin’s hair, smile, and legs; that Cruz made such comments only to Valentin; and that Valentin “looked upset” because of his approaches.

Valentin complained to Officer Hector Villanueva, a friend of hers and a foot patrolman in the municipal police department, that since her divorce, Cruz was constantly “after her.” Villanueva observed Valentin become upset after Cruz said something to her in the hallway. He noticed that Cruz always went out of his way to be near Valentin and to “sidle up next to her.”

Cruz took to driving by Valentin’s house multiple times on the same day and honking his horn. He admitted doing this to Villanueva, who also observed him do it.2

Although the defense denied that the Police Commissioner, Reynaldo Fernán-dez, was aware of the situation, that was contradicted by Villanueva’s testimony that the Commissioner told Cruz, in front of Villanueva and another officer, to get “that little girlfriend of yours” (emphasis added) under control. The other officer was Sgt. David Ferrer, who was second in the police hierarchy and Cruz’ good friend.

Valentin testified that in early October 2000, she complained about Cruz’ comments to Norma Gonzalez, the secretaries’ supervisor and designated complaint-receiver. The Commissioner had told the female police officers that if they had any problems with male officers, they should go to Gonzalez, who reported directly to him. After that complaint, Cruz’ approaches to Valentin stopped for a few weeks.3

Also in October 2000, Valentin attempted to meet with the Commissioner to complain about Cruz, who had become upset with her because she never greeted him with a kiss on the cheek. She testified that this was the first, but not the only, occasion on which she tried to meet with the Commissioner. The Commissioner greeted her at the door, but instead of hearing her complaints against Cruz, he told her to meet with Lt. Juan Vélez, an internal affairs investigator charged with handling equal employment opportunity charges for the municipal police. She met with Vélez that same day; he put his arm over her shoulders and said Cruz was not at fault, “that it was [her] fault because [she] had him bedazzled.” Cruz and Vélez were good friends. The Mayor, Carlos Méndez, testified that Vélez and the Commissioner did not at that time bring the allegations to his attention, even though Vélez’ job was to bring sexual harassment allegations to the Commissioner, who was supposed to bring them to the Mayor.

After her first áttempt to complain to the Commissioner, Valentin testified, she suffered two forms of retaliation. Between October 2000 and January 2001, she was assigned more than five double shifts, although such assignments were uncommon in the Aguadilla police force. She was also transferred in October 2000 from the traffic unit, which was regarded as “privileged,” to the rotating shifts assignment and then to Las Cascadas water park, which was regarded as “punishment” because it was remote and the work was solitary. Although it was common for offi[91]*91cers “working shifts” to be assigned to Las Cascadas a few times per week, Valentin was permanently assigned there for a one-month period spanning the holidays, ending in early January 2001.4

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447 F.3d 85, 103 Fair Empl. Prac. Cas. (BNA) 1273, 2006 U.S. App. LEXIS 11584, 88 Empl. Prac. Dec. (CCH) 42,576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valentin-almeyda-v-municipality-of-aguadilla-ca1-2006.