Greene v. Virgin Islands Water & Power Authority
557 F. App'x 189
3rd Cir.2014Background
- Greene sued WAPA and CEO Bruno-Vega in 2006 in the Virgin Islands District Court
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Greene pleaded a Title VII retaliation claim | Greene argued retaliation under Title VII in counts I/III | Greene failed to plead retaliation claim | No Title VII retaliation claim raised on the pleadings |
| Whether Greene established a prima facie Title VII discrimination claim | Greene relied on protected class and termination | No valid comparators; no causal nexus | District Court correct; no prima facie discrimination shown |
| Whether WAPA/Bruno-Vega are “persons” under Section 1983 | Greene argued against both as proper defendants | WAPA/Bruno-Vega not “persons” in official capacity for retroactive damages | Waived; appeal review allowed limited de novo on the waiver issue |
| Whether Bruno-Vega was sued in his individual capacity | Third Amended Complaint did not specify capacity; allegations against Bruno-Vega | No notice of individual capacity; claims only against him in official capacity | Greene failed to show individual-capacity claims; proper capacity was official only |
| Whether the defamation claim (Count IV) was supported by admissible evidence | Dunn deposition and Santos affidavit support defamation | Dunn and Santos were inadmissible or improperly submitted | District Court correctly excluded; no evidentiary basis without them |
| Whether Count VII (contract/good faith) was viable given at-will status and manual | Manual could imply contractual rights and good-faith duties | No contract; manual disclaimed contract; no implied covenant without additional proof | Affirmed on the basis of waiver and lack of contract/good-faith claim; affirmed on alternative grounds |
Key Cases Cited
- Burton v. Teleflex Inc., 707 F.3d 417 (3d Cir. 2013) (summary judgment standards; de novo review)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (retaliation vs. discriminatory claims distinguished by conduct-based analysis)
- McCauley v. Univ. of the V.I., 618 F.3d 232 (3d Cir. 2010) (Section 1983; government entity/official capacity)
- Birdman v. Office of the Governor, 677 F.3d 167 (3d Cir. 2012) (waiver of arguments raised for first time on appeal)
- Tri-M Grp., LLC v. Sharp, 638 F.3d 406 (3d Cir. 2011) (exceptional circumstances for appellate review of waived issues)
- Sarullo v. U.S. Postal Serv., 352 F.3d 789 (3d Cir. 2003) (McDonnell Douglas framework and prima facie elements)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (summary judgment standard; no speculation to defeat)
- Lamont v. New Jersey, 637 F.3d 177 (3d Cir. 2011) (evidence standard at summary judgment; need genuine disputes)