Polo-Calderon v. Corporacion Puertorriqueña De Salud
Polo-Calderon v. Corporacion Puertorriqueña De Salud
Opinion of the Court
MEMORANDUM AND ORDER
On January 12, 2014, defendants Corporación Puertorriqueña de Salud (“CPS”) and Joaquin Rodriguez-Benitez (“Rodriguez”), filed a motion pursuant to Federal Rule of Evidence 412 (“Rule 412”). (Docket No. 154.) Having elicited information from plaintiff Jonathan Polo-Echevarria (“Polo”) regarding Polo’s sexuality and texting relationships with other known and unknown men, defendants seek to introduce that evidence at trial. For the reasons discussed below, the Court DENIES defendants’ motion.
The purpose of Rule 412 is to “prevent misuse of a complainant’s sexual history in cases involving ‘alleged sexual misconduct.’ ” Rodriguez-Hernandez v. Mirandar-Velez, 132 F.3d 848, 856 (1st Cir. 1998). In order for defendants to admit evidence to prove the alleged victim’s sexual behavior or sexual predisposition, they must demonstrate that “its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.” Id. Only if the alleged victim places his or her own reputation in controversy is that evidence admissible. Id.
Defendants have not met their burden of establishing that the evidence’s probative value “substantially outweighs” its prejudicial effect. They broadly claim that the evidence is of the “utmost relevance” to Polo’s credibility, to the identity of the [email protected] and “Siempre Atento” user, and to the issue of welcomeness pursuant to a Title VII hostile work environment sexual harassment claim. (Docket No. 154 at p. 4.) They argue that plaintiffs “by their own volition have placed in controversy Jonathan Polo’s reputation” and that “all of Jonathan Polo’s behavior, conduct, actions, and habits” are relevant to his state of mind, identity, presumptions, and conclusions. Id. at p. 23. Defendants would have the Court believe that “[i]n this type of ease[,] the person’s private life ceases to be private at the time he claims that the text messages constituted sexual harassment.” Id. at p. 26.
The Court finds no defendable reason for allowing evidence at trial regarding Polo’s private dating life — including his sexual preferences, family dynamics regarding his sexuality, dating history, and any relationships or communications with other men via text message or telephone that did not occur within the time periods
In short, the Court does not find the information defendants seek to admit relevant to Polo’s credibility, to “Siempre Atento” and [email protected]’s identity, or even to “the gravamen of any sexual harassment claim[,] [which] is that the alleged sexual advances were ‘unwelcome.’ ” Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57, 68, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). Indeed, to analyze plaintiffs sexual harassment claim, a jury will determine whether Polo welcomed the messages received from [email protected] and “Siempre Atento” once he uncovered the true sender’s identity.
The Court simply finds no connection between the testimony that defendants seek to admit and the sexual harassment plaintiff Polo allegedly experienced from defendant Rodriguez. Accordingly, defendants’ motion, (Docket No. 154), is DENIED.
IT IS SO ORDERED.
. Defendants, for example, seek to present messages exchanged between Polo and his "friend Harold” in late February, 2011 as evidence that Polo had welcomed prpng@ hotmail.com’s messages in December 2010, January 2011, and early February 2011. (Docket No. 154 at pp. 5-6.)
. Defendants assert that the pertinent issue for a jury is merely whether Polo ever welcomed the messages from prpng@hotmail. com and "Siempre Atento.” That interpretation, however, is incomplete. Thanks to the digital age, communications between coworkers may now take place without both parties first having the luxury of knowing the other’s true identity. In those — albeit rare— cases, a plaintiff should not be deprived of pursuing a Title VII hostile work environment sexual harassment claim simply because he or she may have welcomed the messages from
Reference
- Full Case Name
- Claudio POLO-CALDERON and Jonathan Polo-Echevarria v. CORPORACION PUERTORRIQUEÑA DE SALUD and Joaquin Rodriguez-Benitez
- Cited By
- 1 case
- Status
- Published