Vigil v. New Mexico Public Education Department

Filing 131

PARTIAL SUMMARY JUDGMENT by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
NORMAN VIGIL,
Plaintiff,
v.

No. 1:16-cv-00047 KG/KK

NEW MEXICO PUBLIC EDUCATION DEPARTMENT,
Defendant.
PARTIAL SUMMARY JUDGMENT
Having granted, in part, “Defendant’s Motion for Summary Judgment Regarding
Plaintiff’s Claims of Disability Discrimination and Retaliation Based on the ADAAA and HRA
[Count I and III] and his Common Law Claim of Constructive Discharge [‘Primary Summary
Judgment Motion’]” (Doc. 84); and, granted, in its entirety, “Defendant’s Motion for Summary
Judgment Regarding Plaintiff’s Claims of Sex Discrimination [Counts II and III] and Retaliation
Based on The Whistleblower Protection Act [Count IV] [‘Second Motion for Summary
Judgment’]” (Doc. 86), as explained briefly by the Court in a hearing on March 27, 2018, and
elaborated in a Memorandum Opinion and Order entered simultaneously with this Partial
Summary Judgment,
IT IS ORDERED that:
1. summary judgment is entered in Defendant’s favor on Count II of Plaintiff’s
Amended Complaint (Doc. 33), filed May 4, 2016;
2. Count II of the Amended Complaint is dismissed with prejudice;

3. summary judgment is entered in Defendant’s favor on the New Mexico Human
Rights Act (“NMHRA”) sex discrimination claim in Count III of the Amended
Complaint;
4. the NMHRA sex discrimination claim in Count III of the Amended Complaint is
dismissed with prejudice;
5. summary judgment is entered in Defendant’s favor on Count IV of Plaintiff’s
Amended Complaint;
6. Count IV of the Amended Complaint is dismissed with prejudice;
7. summary judgment is entered in Defendant’s favor on Count V of Plaintiff’s
Amended Complaint; and
8. Count V of the Amended Complaint is dismissed with prejudice.

_________________________________
UNITED STATES DISTRICT JUDGE

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