Archuleta v. City of Roswell

• Decision Date: 30 September 2012
• Docket Number: No. CIV 10–1224 JB/RHS.,CIV 10–1224 JB/RHS.
• Citation: 898 F.Supp.2d 1240
• Parties: Francisco S. ARCHULETA, Plaintiff, v. CITY OF ROSWELL, New Mexico, Al Solis, Travis Holley, Jessica Palmer, David Hernandez, Renee L. Camacho, Defendants.
• Court: U.S. District Court — District of New Mexico

898 F.Supp.2d 1240

Francisco S. ARCHULETA, Plaintiff,

v.CITY OF ROSWELL, New Mexico, Al Solis, Travis Holley, Jessica Palmer, David Hernandez, Renee L. Camacho, Defendants.

No. CIV 10–1224 JB/RHS.

United States District Court,

D. New Mexico.

Sept. 30, 2012.

Francisco S. Archuleta, Federal Prison Camp, Florence, CO, Plaintiff pro se.

Bryan D. Evans, Barbara Marie Smith, Carla Neusch Williams, Atwood, Malone, Turner & Sabin, PA, Roswell, NM, for Defendants City of Roswell, Al Solis, Travis Holley.

Richard L. Kraft, Kraft & Hunter, LLP, Roswell, NM, for Defendant Jessica Palmer.

Santiago David Hernandez, El Paso, TX, Defendant pro se.

Kenneth J. Gonzales, United States Attorney, Michael H. Hoses, Assistant United States Attorney, Albuquerque, NM, for Defendant Renee L. Camacho.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Santiago Hernandez's Motion to Dismiss, Defense of Failure to State a Claim, under Rule 12(b)(6), filed February 23, 2012 (Doc. 18)(“Motion to Dismiss”). Plaintiff Francisco S. Archuleta is currently incarcerated at a federal facility in Florence, Colorado, and is proceeding pro se and in forma pauperis. The primary issues are: (i) whether Defendant David Hernandez, Archuleta's attorney in a federal criminal case, is a private citizen or a state actor as required for a cause of action under 42 U.S.C. § 1983; (ii) whether there are sufficient allegations to show a conspiracy based on racial animus under 42 U.S.C. § 1985; (iii) whether Archuleta's allegations for assault support a claim of assault under New Mexico law against Mr. Hernandez individually; (iv) whether Archuleta's allegations against Mr. Hernandez for his alleged involvement in a conspiracy to commit assault support a claim under New Mexico law; (v) whether Archuleta's claim for invasion of privacy fails to state a claim upon which the Court can grant relief because he does not have a constitutional right to avoid publication of his guilty plea and because he does not allege he was placed in a false light in the public's eye; and (vi) whether Archuleta states allegations sufficient to show a plausible claim against Mr. Hernandez for breach of contract. The Court will grant Mr. Hernandez's Motion to Dismiss the federal claims, because Mr. Hernandez is not a state actor for purposes of a § 1983 claim and Archuleta has not plead sufficient factual allegations to support a plausible claim, under § 1985, that Mr. Hernandez was involved in a conspiracy based on racial animus. Because Archuleta does not allege sufficient facts to make a plausible claim against Mr. Hernandez for assault or invasion of privacy under New Mexico law, the Court will dismiss the assault and invasion of privacy claims. The Court will dismiss the state law claims for conspiracy to commit the intentional tort of assault and conspiracy to commit the tort of invasion of privacy for the same reasons. Archuleta alleges sufficient facts, however, that, when taken as true, make a plausible claim against Mr. Hernandez for breach of contract, and the Court, therefore, will not dismiss the breach of contract claim against Mr. Hernandez at this time. The Court, therefore, will grant in part and deny in part Mr. Hernandez's Motion to Dismiss.

FACTUAL BACKGROUND

Archuleta was the defendant in a criminal proceeding in the United States District Court for the District of New Mexico. See United States v. Francisco Steve Archuleta, No. CR. 10–0107 BB. The Grand Jury indicted Archuleta on two counts. See Indictment, filed January 14, 2010 (No. CR 10–0107 BB Doc. 17). Count One charged Archuleta with committing the following offenses: (i) possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B); and (ii) possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and 21 U.S.C. § 846. See id. Count Two charged Archuleta with possession with the intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and 18 U.S.C. § 2 (Cr. Doc. 17). Archuleta retained Defendant S. Hernandez as private counsel and was represented during the pendency of the criminal proceeding. See Entry of Appearance, filed January 4, 2010 (No. CR 10–0107 BB Doc. 7). On May 13, 2010, Archuleta entered into a Plea Agreement and appeared before the Honorable Lourdes A. Martinez, United States Magistrate Judge, to enter his guilty plea to Count 2 of the Indictment. See Plea Agreement, filed May 13, 2010 (CR 10–0107 BB Doc. 34). The United States Probation Office (“USPO”) disclosed the Presentence Investigation Report (“PSR”) to the Court and to Archuleta on August 4, 2010. See PSR at 1. Archuleta was subject to a maximum term of imprisonment of twenty years pursuant to 21 U.S.C. § 841(b)(1)(C). Archuleta was sentenced on October 20, 2010, to 46 months of incarceration, see Sentencing Minute Sheet, filed October 20, 2010 (CR. 10–0107 BB Doc. 40), in accordance with the terms of the Plea Agreement. Archuleta currently remains in the custody of the Bureau of Prisons.

PROCEDURAL BACKGROUND

Archuleta filed his pro se Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 on December 16, 2010 (Doc. 1), seeking redress for alleged civil rights violations and other supplemental state claims which allegedly occurred in connection with the criminal proceeding. On April 29, 2011, the Court entered a Final Order Dismissing Case (Doc. 5), without prejudice for failure to cure certain filing defects. Archuleta filed correspondence on May 17, 2011, which was construed by the Court as a Motion to Reopen Case. See letter from Francisco S. Archuleta to the Court, filed May 17, 2011 (Doc 7). The Court then entered an Order reopening the case on August 10, 2011 (Doc. 9). Archuleta filed Francisco S. Archuleta's Pro Se First Amended Civil Rights Complaint pursuant to 42 U.S.C. § 1983, 1985 and Pendant Claims on August 29, 2011. See Doc. 12 (“Complaint”).

Mr. Hernandez filed his Motion to Dismiss on February 23, 2012, seeking dismissal under rule 12(b)(6) of the Federal Rules of Civil Procedure because he is not a state actor. See Doc. 18. On March 9, 2012, Archuleta filed Francisco Archuleta's Pro Se Reply to Santiago D. Hernandez's Pro Se Motion to Dismiss for Failure to State a Claim pursuant to Rule 12(b)(6) Federal Rules of Civil Procedure. See Doc. 22 (“Response”). Archuleta's Response contends that Mr. Hernandez is that, if the Court does determine that Mr. Hernandez “is not subject to suit as a ‘State actor’ pursuant to 42 U.S.C. § 1983,” the Court can still find him liable for § 1985 claims and supplemental state claims. See Response ¶ 2, at 2. Archuleta argues that he is not suing Mr. Hernandez only under § 1983, but that he seeks redress also under § 1985 and his state claims for assault, invasion of privacy, and breach of contract. See id. ¶ 2, at 3. Mr. Hernandez filed Defendant Santiago Hernandez' Reply to Plaintiff's Response to Defendant's Motion to Dismiss Plaintiff's First Amended Complaint on September 4, 2012. See Doc. 65 (“Reply”). He asserts that the § 1983 claims be dismissed because he is not a state actor, and the § 1985 claims should also be dismissed, because Archuleta does not plead any facts to support a conspiracy claim based on racial animus. See Reply at 1.

Mr. Hernandez argues that the state claims fail to state a claim under which relief can be granted and that dismissal is also proper because the Court lacks jurisdiction over the supplemental state claims. For the assault claim, he argues that Archuleta's Complaint appears to assert that: (i) the publication in the Roswell Daily Record of Archuleta being charged with and convicted for distributing drugs in the same news article as another criminal defendant; and (ii) Archuleta being incarcerated in the Otero Prison Facility with that same criminal defendant, resulted in a “hit” being placed on him and gave rise to the alleged assault. See id. at 10. Mr. Hernandez contends that, even if these were grounds for assault, Archuleta fails to plead facts sufficient to “describe the causal connection regarding Defendant Hernandez and his involvement” in the alleged assault. Id.

RELEVANT LAW REGARDING RULE 12(B)(6) MOTIONS

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim for relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 677–78, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Under rule 12(b)(6), the Court accepts as true all well-pleaded factual allegations in the complaint and draws all reasonable inferences from those facts in favor of the Archuleta. See Moore v. Guthrie, 438 F.3d 1036, 1039 (10th Cir.2006). “The allegations must be enough that, if assumed to be true, Archuleta plausibly (not just speculatively) has a claim for relief.” Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir.2008). A complaint fails to state a claim when it makes conclusory allegations of liability without supporting factual content. See Bell Atlantic Corp. v. Twombly, 550 U.S. at 555, 127 S.Ct. 1955;Ashcroft v. Iqbal, 556 U.S. at 678–79, 129 S.Ct. 1937. A complaint must set forth sufficient facts to raise a plausible inference that the defendant is liable for the misconduct alleged. See Ashcroft v. Iqbal, 556 U.S. at 677–78, 129 S.Ct. 1937. “Factual allegations must be enough to raise a right to relief above the speculative level ... on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Bell Atlantic Corp. v. Twombly, 550 U.S. at 555–56, 127 S.Ct. 1955. “A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not do.” Bell Atlantic Corp. v. Twombly, 550 U.S. at 555–56, 127 S.Ct. 1955 (internal quotations omitted)....