Calderón-López v. United States, Civil No. 16–1055 (FAB)
| Decision Date | 28 March 2018 |
| Docket Number | Civil No. 16–1055 (FAB) |
| Citation | 303 F.Supp.3d 212 |
| Parties | Alexander CALDERÓN–LÓPEZ, Plaintiff, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — District of Puerto Rico |
Juan A. Albino–Gonzalez, San Juan, PR, for Plaintiff.
Fidel A. Sevillano–Del–Rio, United States Attorneys Office, San Juan, PR, for Defendant.
Before the Court is defendant United States' motion to dismiss pursuant to Federal Rule of Civil of Procedure 12(b)(1) ("Rule 12(b)(1)"), and Federal Rule Civil Procedure 12(b)(6) (" Rule 12(b)(6)"). (Docket No. 7.) For the reasons set forth below, the United States' motion to dismiss is GRANTED IN PART and DENIED IN PART .
On January 16, 2016, plaintiff Alexander Calderón–López ("Calderón") commenced a civil action against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. sections 1346(b) and 2761 et seq. (Docket No. 1.) The claims set forth in the complaint stem from Calderón's 2012 arrest by Drug Enforcement Administration ("DEA") agents. The Court takes the following facts as true, as pled in Calderón's complaint. Id.
Beginning in 2008, Calderón worked as a refrigeration technician in the aviation division for the Port Authority of Puerto Rico ("Port Authority"). (Docket No. 1 at p. 4.) During this time, the DEA conducted an investigation regarding the transportation of illegal drugs into the United States by Port Authority employees. Id. DEA agents learned that a man known as "Calderon el de los puertos" participated in illegal activity. Id. at p. 6. The physical description for "Calderon el de los puertos" differed from Calderón's physical description. Id.
On May 31, 2012, a federal grand jury sitting in the District of Puerto Rico indicted twenty-five individuals for drug trafficking-related offenses. Id. at p. 4. The indictment charged "Alexander Calderón–López, a/k/a El De Puertos," with two counts of conspiring to possess with the intent to distribute a controlled substance in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. section 1962, (counts one and two), and two counts of possessing with the intent to distribute five kilograms or more of crack cocaine in violation of 21 U.S.C. section 841(a)(1) and (2) (). Id.; see Case No. 12–434 (CCC), Docket No. 2.1 On that same day, the magistrate judge signed a warrant for Calderón's arrest. (Case No. 13–434, Docket No. 5 at p. 5.)
Federal law enforcement officers arrested Calderón on June 6, 2016. (Docket No. 1 at p. 5.) After his initial appearance before the magistrate judge, Calderón remained detained at the Metropolitan Detention Center ("MDC") in Guaynabo, Puerto Rico for five days. Id. On June 11, 2012, Calderón entered a plea of not guilty at his arraignment, and the magistrate judge set bail at $50,000 ($40,000 secured and $10,000 unsecured). (Case No. 12–434, Docket No. 79.) Calderón's parents pledged their property to secure his release. Id. The magistrate judge authorized Calderón's release on June 13, 2012, subject to home confinement and electric monitoring. (Case No. 12–434, Docket No. 95.) Before his release, Calderón spent a total of seven days at MDC.
Following the indictment, federal agents interviewed Calderón's co-defendants. (Docket No. 1 at p. 7.) Several co-defendants informed federal agents that the agents had confused Calderón with another individual, because Calderón had not participated in the offenses alleged in the indictment. Id. Calderón alleges that despite these exculpatory disclosures, the United States proposed a plea agreement in which the parties would recommend to the Court a sentence of ten years' imprisonment. Id. at p. 8. Calderón rejected the plea offer. Id.
Calderón nearly went to trial on five separate occasions, the first four of which the court vacated. The Court scheduled the fifth and final trial date for February 3, 2014.2 (Case No. 12–434, Docket Nos. 381, 581, 645 and 679.) Five days before trial, the United States moved to dismiss the indictment against Calderón without prejudice pursuant to Federal Rule of Criminal Procedure 48(a), and in the interests of justice. (Case No. 12–434, Docket No. 747.) The court granted the United States' motion to dismiss on March 25, 2014, entering judgment of dismissal the same day. (Case No. 12–434, Docket No. 848.) The prosecution against Calderón spanned a total of 20 months.
Calderón filed an administrative claim with the DEA on February 19, 2015, eleven months after the entry of the judgment of dismissal.3 (Docket No. 9, Ex. 1.) In his administrative claim, Calderón maintains that his "constitutional rights were violated" because he "was unlawfully arrested and charged." Id. Calderón states:
The negligent and wrongful acts of the federal agents have caused me very serious mental and emotional damages. My reputation has been adversely affected, I was fired from my job; I lost my marriage; I suffered of [sic] depression; I require psychological treatment; I have trouble sleeping; I was unjustly incarcerated; etc .
Id. Subsequently, Calderón commenced this action with the filing of a complaint on January 12, 2016. (Docket No. 1.)
Calderón grounds his complaint on the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, the FTCA, and the Puerto Rico General Torts Statute, Articles 1802 and 1803 of the Civil Code. Laws of P.R. Ann. tit. 31 §§ 5141, 5142. Id. at p. 1. He concludes the complaint by asserting two counts: a malicious prosecution claim pursuant to Puerto Rico law (count one), and a negligence claim pursuant to the FTCA (count two). Id. at p. 17. Calderón alludes to a myriad of additional claims, however, including: (1) intentional infliction of emotional distress, (2) negligent selection, supervision and retention of agents, employees, and informants, (3) conspiracy to deprive him of his civil rights, and (4) loss of consortium. Id. at p. 4.
The United States moved to dismiss the complaint, arguing that Calderón's claims are time-barred, and that the constitutional tort claims fall beyond the scope of the FTCA. (Docket No. 8.) The Court agrees that all claims, except the malicious prosecution claim, must be dismissed.
Rule 12(b)(1) allows a court to dismiss a complaint when the Court's subject-matter jurisdiction is not properly alleged. Fed.R.Civ.P. 12(b)(1). The standard applied to a Rule 12(b)(1) motion is similar to that of a Rule 12(b)(6) motion because the Court accepts the complaint's well-pled facts as true and views them, and the inferences drawn from them, in a light most favorable to the pleader. See Viqueira v. First Bank, 140 F.3d 12, 16 (1st Cir. 1998) ; see also Soto v. McHugh, 158 F.Supp.3d 34, 46 (D.P.R. 2016) (Gelpi, J.). Thus, "[a] district court must construe the complaint liberally." Aversa v. United States, 99 F.3d 1200, 1210 (1st Cir. 1996).
Pursuant to Rule 12(b)(6), a defendant may move to dismiss an action for failure to state a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). To survive a Rule 12(b)(6) motion, a complaint must contain sufficient factual matter "to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The Court must decide whether the complaint alleges sufficient facts to "raise a right to relief above the speculative level." Id. at 555, 127 S.Ct. 1955. In doing so, the Court is "obligated to view the facts of the complaint in the light most favorable to the plaintiffs, and to resolve any ambiguities in their favor." Ocasio–Hernández v. Fortuño–Burset, 640 F.3d 1, 17 (1st Cir. 2011). A complaint that adequately states a claim may still proceed even if "recovery is very remote and unlikely." Ocasio–Hernández, 640 F.3d at 13 (internal quotation marks and citations omitted).
The doctrine of sovereign immunity is paramount to the Court's analysis. "It is well settled that the United States, as sovereign, may not be sued without its consent." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995.) Pursuant to the FCTA, the United States consents:
to be sued for damages for personal injury caused by ‘the negligent or wrongful act or omission’ of a federal employee ‘while acting within the scope of his employment,’ provided that in the same circumstances a private employer would be liable for the acts of his employee under the [law of the place].
Day v. Mass. Air Nat'l Guard, 167 F.3d 678, 681 (1st Cir. 1999) (quoting 28 U.S.C. §§ 1346(b), 2674, 2675(a) ). The "law of the place" for purposes of the FTCA is determined by "where the alleged wrongful acts occurred." Rucci v. United States INS, 405 F.3d 45, 48 (1st Cir. 2005) () Because the United States' allegedly wrongful conduct occurred in Puerto Rico, Puerto Rico law controls.
To bring an FTCA claim, "a claimant must file an Administrative Claim with the appropriate federal agency within two years of the accrual of the claim and then file a tort claim against the United States within six months after a denial of (or failure to act upon) that claim by the administrative agency." Roman v. Townsend, 224 F.3d 24, 27 (1st Cir. 2000) (citing 28 U.S.C. §§ 2401(b), 2675.) The two-year statute of limitations is jurisdictional. González v. United States, 284 F.3d 281, 287 (1st Cir. 2002). Failure to comply with the FTCA's statute of limitations requires dismissal for lack of subject matter jurisdiction. Coska v. United States, 114 F.3d 319, 323 n.8 (1st Cir. 1997). As plaintiff, Calderón shoulders the burden of establishing the existence of federal subject matter jurisdiction. See, e.g., Skwira v. United States, 344 F.3d 64, 71 (1st Cir. 2003). To meet...
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