Alsina Ortiz v. Laboy, Civil No. 98-1893(JAG).
| Decision Date | 26 September 2003 |
| Docket Number | Civil No. 98-1893(JAG). |
| Parties | Maria ALSINA ORTIZ, et als., Plaintiff(s), v. Zoe LABOY, et als., Defendant(s). |
| Court | U.S. District Court — District of Puerto Rico |
Pierre Vivoni, Caguas, PR, Mario Canales-Ydrach, PMB 127, Glenn Carl James-Hernandez, PMB 501, Guaynabo, PR, for plaintiffs.
Carlos J. Morales-Bauza, Lizzie M. Portela-Fernandez, Del Toro & Santana, Plaza Scotiabank, Leticia Ramirez-Rangel, P.R. Electric Power Authority, Salvador J. Antonetti-Stutts, Pietrantoni Mendez & Alvarez, Felix M. Roman-Carrasquillo, Elfrick Mendez-Morales, PMB 150, Maria J. Surillo, Commonwealth Department of Justice, Federal Litigation Division, John F. Nevares, John F. Nevares & Assoc. PSC, Francisco A. Ojeda-Diez, United States Attorney's Office, Torre Chardon, Maria J. Surillo, Commonwealth Department of Justice, Federal Litigation Division, San Juan, PR, for defendants.
Plaintiff Maria Alsina Ortiz ("Alsina") brought suit on August 5, 1998 pursuant to 42 U.S.C. § 1983, alleging that defendants violated her son, Orlando Ocasio Alsina's ("Ocasio"), Eighth Amendment right to be free from cruel and unusual punishment. Defendants are Zoe Laboy ("Laboy"), Sixto Marrero ("Marrero"), Aida Guzman ("Guzman"), Emilio Castillo ("Castillo"), Ileana Torres-Mejica ("Torres-Mejica"), Emesto Torres Arroyo ("Torres-Arroyo") and Elliot Melecio Vega ("Melecio")(collectively "co-defendants"). Before the Court are two motions for summary judgment (Docket Nos. 94 & 95). Alsina filed two major oppositions (Docket Nos. 111 and 138) to which defendants filed replies (Docket Nos. 158 and 159). Alsina has also filed multiple supplemental oppositions (Docket Nos. 175, 182, 183, 224, 229).
On January 30, 2002, this Court referred the pending motions to Magistrate Judge Justo Arenas for a Report and Recommendation. Magistrate Judge Arenas issued two opinions recommending that both motions for summary judgment be granted and that the complaint be dismissed as to all defendants (Docket Nos. 243 & 244).1 Alsina filed two sets of objections to the Magistrate Judge's recommendations (Docket Nos. 245 & 246) and co-defendants filed a reply (Docket No. 252). Upon review of the record, and concurring with Magistrate Judge Arena's analysis, the Court GRANTS summary judgment as to all defendants and dismisses this case with prejudice.
The standard for summary judgment is governed by Fed.R.Civ.P. 56. The court should grant summary judgment only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R.Civ. P. 56(c); see Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir.2000). The party moving for summary judgment bears the burden of showing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A contested fact is material when it has the potential to change the outcome of the case. Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174, 178 (1st Cir.1997). An issue is genuine if a reasonable jury could resolve the dispute for the nonmoving party. Cortés-Irizarrv v. Corporación Insular, 111 F.3d 184, 187(1st Cir.1997); Anderson v. Liberty Lobby. Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
In order to defeat a motion for summary judgment, the party opposing the motion must "present definite, competent evidence to rebut the motion." Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994). The non-moving party must show that a trial-worthy issue exists and must point to specific facts that demonstrate the existence of an authentic dispute. Mesnick v. General Elec. Co., 950 F.2d 816, 822 (1st Cir.1991). "The mere existence of a scintilla of evidence is insufficient to defeat a properly supported motion for summary judgment." Anderson, 477 U.S. at 252, 106 S.Ct. 2505. Furthermore, the Court "must view the entire record in the light most hospitable to the party opposing summary judgment, indulging all reasonable inferences in that party s favor." Griggs-Ryan v. Smith, 904 F.2d 112, 115 (1st Cir.1990). Nonetheless, the Court must never "weigh the evidence and determine the truth of the matter," Lipsett v. University of P.R., 864 F.2d 881, 895 (1st Cir.1988) (quoting Anderson, 477 U.S. at 249, 106 S.Ct. 2505), and "[n]o credibility assessment may be resolved in favor of the party seeking summary judgment." Woodman v. Haemonetics Corp., 51 F.3d 1087, 1091 (1st Cir.1995). The Court may safely ignore "conclusory allegations, improbable inferences, and unsupported speculation." Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5,8 (1st Cir.1990). "If, after this canvassing of the material presented, the district court finds that some genuine factual issue remains in the case, whose resolution one way or another could affect its outcome; the court must deny the motion." Lipsett, 864 F.2d at 895.
In compliance with Local Rule 311.12, defendants submitted "a separate, short concise statement of material facts as to which the moving party contends there is no genuine issue to be tried and the basis for such contention as to each material fact, properly supported by specific references to the record." D.P.R.R. 311.12 (See Docket Nos. 94, 95). Alsina's own statement of contested facts is defective and fails to comply with the clear language of the local rule. It is far from short or concise, it lacks specific references to the record and attempts to respond to defendants proposed uncontested facts rather than setting out the factual issues that she asserts remain contested for purposes of summary judgment.
A mere overview of the record before this Court reveals plaintiff's gross noncompliance with the local rule. Instead of filing an opposition accompanied with a statement of contested facts, Alsina filed multiple repetitive oppositions and purported statements of contested facts (See Docket Nos. 111, 134, 138, 182). The sheer volume of the documents submitted by Alsina in opposition to defendants motions is indicative of her failure to abide by the clear mandate of the local rule which requires that the statement of contested facts be short and concise to support the existence of triable material issues of fact. Alsina's initial opposition to the motion for summary judgment filed by co-defendants Marrero and Laboy, and its accompanying exhibits, comprises more than six (6) files. The statement of facts consists of twenty eight (28) pages and forty seven (47) proposed facts (Docket No. 11). The statement of contested facts submitted in response to the motion filed by the other co-defendants in the case consists of one hundred and seventeen (117) proposed facts in one hundred and twenty three (123) pages. (Docket Nos. 134). In total, plaintiff filed six separate statements of contested facts (See Docket Nos. 111, 134, 175, 182, 229 and269) including well over two hundred (200) allegedly contested facts.
In addition, Alsina's references to the record are vague and incomplete. She cannot expect the Court to ferret first through the multiple oppositions and defective statements of contested facts, and then to such a voluminous record without clear, precise and specific references that demonstrate the existence of genuine issues of material fact. In many instances, she cites merely to the Exhibit without the corresponding page numbers. Moreover, many of the proposed facts submitted by Alsina are in fact argumentative. For example, Alsina cited in multiple occasions to certain expert witnesses whose testimony bears little, if any, relationship to the facts in controversy for purposes of summary judgment.
It is well-established that "a list of facts with no specific references to the record is of no use to the Court." Hogar Club Paraiso, Inc. v. Varela Llavona, 208 F.R.D. 481, 482 (D.P.R.2002). Plaintiffs cannot expect the Court to "ferret through the record, read all the answers to interrogatories, study all the attached documents and carefully scrutinize all the depositions for lurking genuine issues of material fact." Dominguez v. Eli Lilly & Co., 958 F.Supp. 721, 727 (D.P.R.1997).
Local Rule 311.12 provides that the "moving party's statement will be deemed to be admitted unless controverted by the statement required to be served by the Opposing Party." D.P.P.R 311.12. Clearly, "parties who ignore Rule 311.12 do so at their own peril," Hogar Club Paraiso, 208 F.R.D. at 482 (citing Velez v. Puerto Rico Electric Power Authority, 170 F.Supp.2d 158, 162 (D.P.R.2001)), and "once so warned, a party s failure to comply would ... be grounds for judgment against that party." Nieves Ayala v. Johnson & Johnson, 208 F.Supp.2d 195, 198 (D.P.R.2002); Morales v. A.C. Orssleff's EFTF, 246 F.3d 32, 33 (1st Cir. 2001). Accordingly, the Court hereby admits all the facts, submitted by defendants, which have been adequately supported by references to the record.
On November 8, 1997, a riot occurred at the Bayamon Regional Metropolitan Institution, also known as "308." Ocasio suffered a blow to the head. The riot required the intervention of prison officials and the use of tear gas. As a result of the riot, twenty six inmates (26), including Ocasio, were taken to the Medical Area of the Institution for treatment. Five of those inmates, including Ocasio, were later transferred to outside medical facilities for treatment. Ocasio went to the Bayamon Regional Hospital (Ramon Ruiz Arnau Hospital). On November 12, 1997, medical personnel at the Bayamon Regional Hospital performed a CT Scan on Ocasio which revealed no evidence of traumatic intra cranial pathology. A second CT scan performed two...
To continue reading
Request your trial
-
Alsina Ortiz v. Laboy.
...District Court DELIBERATE INDIFFERENCE Alsina Ortiz v. Laboy, 286 F.Supp.2d 133 (D.Puerto Rico 2003). The parent of a deceased inmate brought a [section] 1983 action against correctional administrators and staff, alleging Eighth Amendment violations in connection with a prison riot. The dis......