Cruz-Erazo v. Rivera-Montanez
| Decision Date | 07 March 2000 |
| Docket Number | GASCOT-VAZQUEZ,MORALES-SILV,GASCOT-CRUZ,No. 99-1675,CAPTAI,RUIZ-MCANALLE,THILLET-GUZMA,MEMBER,RIVERA-MONTANE,CRUZ-ERAZO,99-1675 |
| Parties | (1st Cir. 2000) MARITZA; JUAN R.; CONJUGAL PARTNERSHIP; KORAL; JUAN R.; KASSANDRA JAANAI; Plaintiffs, Appellants, v. CARLOS JAVIEROF THE PR POLICE FORCE IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; CARIOF THE PR POLICE FORCE IN HER INDIVIDUAL AND OFFICIAL CAPACITY; CONJUGAL PARTNERSHIP RIVERA RUIZ, MEMBERS OF THE PR POLICE FORCE IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES; HUMBERTOOF THE PR POLICE FORCE IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; HECTOR QUINONES, LIEUTENANT, MEMBER OF THE PR POLICE FORCE IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; HECTOROF THE PR POLICE FORCE IN HIS INDIVIDUAL AND OFFICIAL CAPACITY; JOHN DOE, 97CV1758; RICHARD ROE, 97CV1758; Defendants, Appellees. Heard |
| Court | U.S. Court of Appeals — First Circuit |
Jane Becker Whitaker, with whom Troncoso & Becker was on brief, for appellants.
Sylvia Roger Stefani, Assistant Solicitor General, Department of Justice, with whom Gustavo A. Gelp, Solicitor General, and Edda Serrano-Blasini, Deputy Solicitor General, were on brief, for appellees Hector Quinones and Hector Morales.
Before: Torruella, Chief Judge, Coffin, Senior Circuit Judge, and Lipez, Circuit Judge.
Appellants Maritza Cruz-Erazo, Juan R. Gascot-Vazquez, Koral Gascot-Cruz, Juan R. Gascot-Cruz, and Kassandra Jaanai Gascot-Cruz allege that appellees police officers Carlos Javier Rivera-Montanez, Cari Ruiz-Mcanallen, Humberto Thillet-Guzman, Hector Quinones, Hector Morales-Silva, and John Doe, in their individual and official capacities, engaged in ongoing harassment and intimidation of appellants in violation of their rights to due process of law. The district court dismissed the complaint on the ground that appellants had failed to state a claim under 42 U.S.C. § 1983. Although we find appellees' alleged conduct disgraceful, it does not sufficiently "shock the conscience" so as to state a claim under § 1983. Because this is the only argument advanced on appeal, we affirm the decision of the district court.
The following is a summary of the facts alleged in appellants' complaint, presented in the light most favorable to the appellants. Our summary largely tracks that of the district court. See Cruz-Erazoav. Rivera-Montanez, Civ. No. 97-1758, slip op. at 3 (D.P.R. Mar. 31, 1999) (hereinafter "Opinion").
On September 3, 1995, appellant Cruz-Erazo was approached by appellees Ruiz-Mcanallen and her husband Rivera-Montanez. Stating that they were concerned about the oncoming Hurricane Luis, Ruiz-Mcanallen and Rivera-Montanez asked Cruz-Erazo whether they could store some personal property at an unoccupied house owned by Cruz-Erazo and her husband, appellant Gascot-Vazquez. Cruz-Erazo agreed and gave Ruiz-Mcanallen and Rivera-Montanez a key to the house, which was located on San Gregorio Street in San Juan, Puerto Rico.
For approximately four months following Hurricane Luis, Cruz-Erazo tried on several occasions to retrieve the key to the house from appellees, without success. She eventually learned that Ruiz-Mcanallen and Rivera-Montanez were not merely storing items at the house but actually residing there with a third person. When Cruz-Erazo went to the house to confront appellees, Ruiz-Mcanallen told her that if she "did not like the situation[,] she could call the police, but Officer Rivera[-Montanez] told her to remember that he was a member of the force."
Cruz-Erazo sought the assistance of a local district attorney, who advised her to file a complaint for damages. However, when she went to the police station, the officers there refused to accept the complaint when they learned that it was against fellow police officers.
Cruz-Erazo next sought the advice of a local judge, who informed her that nothing prevented her, as the legitimate owner of the house, from retaking possession and changing the locks, etc. When Cruz-Erazo then returned to the district attorney's office, she was told that the office would not involve itself in civil matters and that she should retain counsel to help her resolve the situation. Cruz-Erazo then went to another courthouse, where she spoke with a marshal on duty and with yet another judge, who confirmed that, as rightful owner of the property, she could lawfully enter the house and change the locks.
On the morning of January 5, 1996, appellant Cruz-Erazo called the Bayamon South police precinct and requested that the police witness her entrance into the house on San Gregorio Street. She was told that a Sergeant Daz would meet her at her home. Instead, however, appellees Thillet-Guzman and Quinones, from the Bayamon North precinct, appeared at appellants' home. This raised suspicions with Cruz-Erazo, who asked her husband to accompany her to the house and to bring a camera.
Once at the San Gregorio Street residence, Officers Thillet-Guzman and Quinones refused to accompany Cruz-Erazo into the house. Cruz-Erazo tried to phone Sergeant Daz, but she was unable to reach him and decided to enter the house anyway. Once inside, she removed some blinds and other items belonging to her and her husband, and she changed the locks. When Cruz-Erazo and her husband tried to drive away from the house, appellee Ruiz-Mcanallen and her son stood in the road to block their way and began to insult and threaten them. During this exchange, Officer Thillet-Guzman approached Cruz-Erazo and told her "this won't end here."
That same day Cruz-Erazo received a citation for disturbing the peace from appellee Rivera-Montanez, apparently in response to the day's events on San Gregorio Street. Cruz-Erazo and her husband also filed a complaint against Ruiz-Mcanallen's son for disturbing the peace, but no action was ever taken on it.
Two days later, on January 7, 1996, appellants were informed that the new locks on the San Gregorio Street house had been broken. Cruz-Erazo drove to the house and photographed the broken padlocks and then proceeded to the police station to file a complaint for burglary. Once there, she was told by a supervising officer that her complaint could not be accepted "because that house belongs to Officer Carlos J. Rivera Montanez." Cruz-Erazo was then informed that an assistant district attorney had apparently ordered that the locks be broken to return possession of the house to Rivera-Montanez. When Cruz-Erazo went to the district attorney's office to file a complaint, she was ordered to leave the office. Cruz-Erazo then went to the Bayamon South precinct, where she waited for several hours before she was informed that charges of burglary and disturbing the peace had been filed against her for entering the San Gregorio Street residence.
On February 1, 1996, Cruz-Erazo was informed by a neighbor that there was a strange car parked in front of the San Gregorio Street residence and that the porch door was open. Cruz-Erazo called 911 and accompanied the responding officers to the house. While the officers were inspecting the property, appellee Ruiz-Mcanallen and her son arrived. Ruiz-Mcanallen claimed that she was renting the house, but when pressed for the name of the person to whom she paid rent, she told Cruz-Erazo to talk to Officer Quinones if she wanted to collect rent.
The following day an individual claiming to be an off-duty police officer arrived at Cruz-Erazo's home and ordered her to appear in the Bayamon North precinct (without giving more reasons). She refused.
During the following weeks, appellants allege that they suffered continuing harassment by appellees. They received a number of threatening phone calls, many of which threatened physical violence against Cruz-Erazo. Patrol cars passed the house frequently, at least once a night and on one occasion Officer Rivera-Montanez appeared at the door and threateningly asked Gascot-Vazquez if his daughter was "the light of his life." At one point, Cruz-Erazo went to the FBI in search of assistance, and a call from an agent to the local police succeeded in temporarily halting the harassment.
On February 14, 1996, appellee Morales-Silva served Cruz-Erazo with a citation to appear in court on February 20, 1996 to face the burglary charges against her.
On February 19, 1996, appellee Rivera-Montanez was served with notice of an eviction action initiated against him by Cruz-Erazo and Gascot-Vazquez. Rivera-Montanez called Cruz-Erazo at home and threatened that "she would pay for having him served." The next day, February 20, 1996, Officer Rivera-Montanez appeared at Cruz-Erazo's home and insulted her and "called into question her honor." Although Cruz-Erazo ignored his comments and went inside, her pregnant daughter, Koral Gascot-Cruz objected to Rivera-Montanez's comments and asked him to leave. The officer insulted her and pushed her out of the way as he left. Appellants allege that "two days later, Mrs. Gascot Cruz lost her baby, apparently because the placenta was detached from the womb." The eviction suit was heard that same day and resolved in favor of Cruz-Erazo and Gascot-Vazquez.
Also on February 20, 1996, Cruz-Erazo appeared at the Bayamon courthouse to face the burglary charges against her. She was told that the judge was at lunch, and she left the courthouse for a short period. In her absence, the judge heard testimony from Officers Rivera-Montanez and Ruiz-Mcanallen and received sworn statements from Officers Thillet-Guzman and Quinones. On the basis of such evidence, and without hearing from Cruz-Erazo, the judge ordered her arrest and posted bail at $50,000. When Cruz-Erazo was informed of this, she initially refused to post bail, but she reconsidered when a friend overheard appellee Officer Morales-Silva on the telephone saying that they had finally gotten "the troublemaker" and suggesting that sh...
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