Bonilla-Ramirez v. MVM, Inc.


United States Court of Appeals For the First Circuit No. 17-1512 MARTHA ISABELLE BONILLA-RAMIREZ, Plaintiff, Appellant, v. MVM, INC., d/b/a MVM Security, Inc., a/k/a MVM International Security, Inc.; CHRISTOPHER MARTIN MCHALE, Defendants, Appellees, JEH CHARLES JOHNSON, acting in his individual capacity; LORETTA E. LYNCH, acting in her individual capacity; KIRSTJEN NIELSEN, acting in her official capacity; ELPIDIO NUNEZ; JEFFERSON B. SESSIONS, III, acting in his official capacity; UNITED STATES DEPTARTMENT OF HOMELAND SECURITY; UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; UNITED STATES DEPARTMENT OF JUSTICE, Defendants. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Pedro A. Delgado-Hernández, U.S. District Judge] Before Howard, Chief Judge, Selya and Barron, Circuit Judges. Humberto Cobo-Estrella, with whom Cobo Estrella Law Office was on brief, for appellant. Ana B. Rosado-Frontanés, with whom Schuster Aguiló LLC was on brief, for appellees. September 14, 2018 BARRON, Circuit Judge. Martha Bonilla-Ramirez ("Bonilla") is a former employee of MVM, Inc. ("MVM"), which is a private security company that is based in Puerto Rico and provides security services to the United States Immigration and Customs Enforcement ("ICE"). Following Bonilla's termination from MVM in 2014, she brought a variety of federal and Puerto Rico law claims against her former employer and other defendants in the United States District Court for the District of Puerto Rico. The District Court dismissed all but her claims against MVM under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000, et seq., and related Puerto Rico laws, and then granted summary judgment to MVM as to those claims. Bonilla now appeals that summary judgment ruling, which we affirm. I. While working for MVM, Bonilla was assigned to the Luis Muñoz Marín International Airport in San Juan, Puerto Rico (the "airport"). Her responsibilities included providing security for detainees in ICE custody at ICE's detention facility in the airport. On June 14, 2014, Bonilla reported to her supervisor an incident at the airport that occurred that same day and that involved a dispute between her and another MVM employee, Abraham Ortiz ("Ortiz"). Bonilla's supervisor asked her to produce a written account of what had occurred. In her written statement to - 3 - her supervisor, which she submitted on June 20, Bonilla complained that Ortiz was ordering her around, requesting that she do all of their work, "calling [her] out for using her [personal] cellphone," and generally acting like her supervisor. Ortiz, for his part, sent a letter on June 18 to a supervisor at MVM in which he complained, among other things, about Bonilla having directed foul language toward him during the June 14 incident. On June 24, three supervisors met with Bonilla and Ortiz about the incident. One of the supervisors wrote a report following that meeting, and MVM then looked further into the complaints that Bonilla and Ortiz had lodged against each other. MVM asserts that it determined from its inquiry that immediately prior to the June 14 incident between Bonilla and Ortiz, Bonilla had "[abandoned ...

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