Cruz v. Puerto Rico, Civil No. 05-2258 (FAB).

• Decision Date: 20 June 2007
• Docket Number: Civil No. 05-2258 (FAB).
• Citation: 558 F.Supp.2d 165
• Parties: Jose G. CRUZ, Plaintiff v. Commonwealth of PUERTO RICO — Dept. of Justice, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

558 F.Supp.2d 165

Jose G. CRUZ, Plaintiff v. Commonwealth of PUERTO RICO — Dept. of Justice, et al., Defendants.

Civil No. 05-2258 (FAB).

United States District Court, D. Puerto Rico.

June 20, 2007.

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Roberto E. Ruiz-Comas, Gonzalez Villamil Law Office, San Juan, PR, for Plaintiff.

Idza Diaz-Rivera, P.R. Department of Justice-Federal Litigation, Leslie Yvette Flores-Rodriguez, McConnell Valdes, San Juan, PR, for Defendants.

MEMORANDUM AND ORDER

BESOSA, District Judge.

A district court may refer pending dispositive motions to a Magistrate Judge for a report and recommendation. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b); Loc. Rule 72(a). Any party adversely affected by the report and recommendation may file written objections within ten days of being served with the Magistrate Judge's report. See 28 U.S.C. § 636(b)(1). A party that files a timely objection is entitled to a de novo determination of "those portions of the report or specified proposed findings or recommendations to which specific objection is made." Sylva v. Culebra Dive Shop, 389 F.Supp.2d 189, 191-92 (D.P.R.2005) (citing United States v. Raddatz, 447 U.S. 667, 673, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980)). Failure to comply with this rule precludes further review. See Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992). In conducting its review, the Court is free to "accept, reject, or modify, in whole or in part, the findings or recommendations made by the Magistrate Judge." 28 U.S.C. § 636(a)(b)(1). Templeman v. Chris Craft. Corp., 770 F.2d 245, 247 (1st Cir.1985); Alamo Rodríguez v. Pfizer Pharmaceuticals, Inc., 286 F.Supp.2d 144, 146 (D.P.R.2003). Furthermore, the Court may accept those parts of the report and recommendation to which the parties do not object. See Hernandez-Mejias v. General Elec., 428 F.Supp.2d 4, 6 (D.P.R. 2005) (citing LaCedra v. Donald W. Wyatt Detention Facility, 334 F.Supp.2d 114, 125-126 (D.R.I.2004)).

On June 4, 2007, the United States Magistrate Judge filed two Reports and Recommendations ("R & R's") in this case, recommending that Defendant the Court Administration Office of the Commonwealth of Puerto Rico's ("OCA") Motion to Dismiss and Memorandum of Law (Docket No. 10) be granted and that defendants the Commonwealth of Puerto Rico's, the Department of Justice of the Commonwealth of Puerto Rico's, Hon. Roberto Sanchez-Ramos' and Candida Gutierrez-Pagan's ("Defendants") Motion for Judgment on the Pleadings (Docket No. 19) be granted in part and denied in part. (Docket Nos. 27-28) No objections to the R & R's have been filed.

The undersigned, however, has made an independent examination of the record in this case and ADOPTS the magistrate judge's findings and recommendations as the opinion of the Court.

Accordingly, OCA's Motion to Dismiss (Docket No. 10) is hereby GRANTED. Plaintiffs claims against the OCA are hereby DISMISSED WITH PREJUDICE.

Defendants' Motion for Judgment on the Pleadings (Docket No. 19) is hereby GRANTED IN PART AND DENIED IN PART. Plaintiff's claims against defendants the Commonwealth of Puerto Rico, the Department of Justice of the Commonwealth of Puerto Rico, the Hon. Roberto Sanchez Ramos, both in his personal and official capacity; and Candida Gutierrez-Pagan, in her official capacity, are hereby DISMISSED WITH PREJUDICE.

Defendant Gutierrez-Pagan's Motion for Judgment on the Pleadings in her individual capacity is hereby DENIED. Partial Judgment shall enter accordingly.

IT IS SO ORDERED.

CAMILLE L. VELEZ-RIVE, United States Magistrate Judge.

REPORT AND RECOMMENDATION

INTRODUCTION

Plaintiff José G. Cruz (hereinafter "Cruz") filed this action seeking damages against above-captioned co-defendants and in particular the Court Administration Office of the Commonwealth of Puerto Rico (hereinafter "OCA"), seeking declaratory judgment and damages pursuant to Title 42, United States Code, Section 1983. Plaintiff Cruz is seeking redress for alleged defendants' violations of plaintiff's civil and constitutional rights under color of state law by depriving him of his liberty and due process of law. Complaint ¶ 1.

Co-defendant OCA filed a Motion to Dismiss plaintiff's cause of action under the Eleventh Amendment, which is considered unopposed. (Docket No. 10).

The Motion to Dismiss herein and the defendants' motion for Judgment on the Pleadings (which is to be considered by a separate report and recommendation) were referred to this Magistrate Judge for report and recommendation. (Docket Nos. 25, 26).

BACKGROUND

On December 5, 2005, plaintiff Cruz filed a Complaint against OCA and other codefendants requesting compensatory and injunctive relief for violations of his constitutional rights under the Civil Rights Act, section 1983, the First and Fourteenth Amendments of the Constitution of the United States. Plaintiff Cruz claims codefendants participated in the issuance and execution of an unlawful warrant of arrest and incarcerated plaintiff despite having been previously served with a notice of appeal which would have automatically stayed any procedure to execute a sentence he had received to pay $2,000.00, penalty for a conviction of violating the Governmental Code of Ethics of Puerto Rico. The sentence was entered on December 6, 2004, in a criminal case by the People of Puerto Rico against therein defendant, and herein plaintiff Cruz, Case No. KLE 2002G00685, in the Superior Court of Puerto Rico.

The federal complaint submits co-defendant OCA held an established procedure to serve a warrant of arrest, and upon no serious and comprehensive investigation being conducted, plaintiff Cruz was illegally arrested and detained in violation of his constitutional rights to liberty. OCA is charged with acting under color of state law and the custom, policies uses and/or practices. Complaint ¶¶ 23-24.

OCA filed a motion to dismiss and memorandum of law, which plaintiff Cruz has failed to oppose in any manner whatsoever, stating it is an arm of the Commonwealth of Puerto Rico and under the Eleventh Amendment all claims filed by plaintiff Cruz are to be dismissed.

MOTION TO DISMISS STANDARD

Under Rule 12 of the Federal Rules of Civil Procedure, a party may, in response to an initial pleading, file a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Still, "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); see Miranda v. Ponce Fed. Bank, 948 F.2d 41 (1st Cir.1991).

The Court must accept as true "all well-pleaded factual averments and indulg[e] all reasonable inferences in the plaintiffs favor." Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996). A complaint must set forth "factual allegations, either direct or inferential, regarding each material element necessary to sustain recovery under some actionable theory." Romero-Barceló v. Hernández-Agosto, 75 F.3d 23, 28 n. 2 (1st Cir.1996) (quoting Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir.1988)). The Court, need not accept a complaint's "`bald assertions' or legal conclusions" when assessing a motion to dismiss. Abbott, III v. United States, 144 F.3d 1, 2 (1st Cir.1998) (citing Shaw v. Digital Equip. Corp., 82 F.3d 1194, 1216 (1st Cir.1996)).

Indeed, a "complaint sufficiently raises a claim even if it points to no legal theory or even if it points to the wrong legal theory as a basis for that claim, as long as relief is possible under any set of facts that could be established consistent with the allegations." González-Pérez v. Hospital Interamericano De Medicina Avanzada, 355 F.3d 1, 5 (1st Cir.2004).

ANALYSIS

A. Eleventh Amendment Immunity.

The Eleventh Amendment proscribes that "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." 1 U.S.C. Const. Amend. XI.

The Eleventh Amendment bars suits from being brought in federal courts for monetary damages against states, unless the state being sued waives its immunity or consents to being sued. The Eleventh Amendment has also been interpreted to bar suits for monetary relief against the agencies or instrumentalities of a state and against its officers in their official capacities. Kentucky v. Graham, 473 U.S. 159, 169, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985); Culebras Enterprises Corp. v. Rivera Ríos, 813 F.2d 506, 516 (1st Cir.1987).

The Commonwealth of Puerto Rico is considered a state for purposes of the Eleventh Amendment. Metcalf & Eddy, Inc. v. Puerto Rico Aqueduct & Sewer Authority, 991 F.2d 935, 939 n. 3 (1st Cir.1993); De León López v. Corporación Insular de Seguros, 931 F.2d 116, 121 (1st Cir.1991); Puerto Rico Ports Auth. v. M/V Manhattan Prince, 897 F.2d 1, 9 (1st Cir.1990).

Over the last two decades, the First Circuit consistently has held that Puerto Rico is considered a "State" for Eleventh Amendment purposes, and therefore Eleventh Amendment applies with full force to the Commonwealth of Puerto Rico. See, e.g., Negrón Gaztambide v. Hernández Torres, 145 F.3d 410 (1st Cir.1998); Metcalf, 991 F.2d 935, 939 n. 3 (1st Cir.1993); Aviles-Martínez v. Monroig, 963 F.2d 2, 8 (1st Cir.1992); De León López, 931 F.2d 116, 121 (1st Cir.1991); Culebras, 813 F.2d at 516; Ainsworth Aristocrat Int'l Pty., Ltd. v. Tourism Co. of P.R., 818 F.2d 1034 (1st Cir.1987); Fernández v. Chardón, 681 F.2d 42, 59 n. 13 (1st Cir.1982) (Puerto Rico enjoys the full benefits of the Eleventh Amendment); Ezratty v. Com. of Puerto Rico, 648 F.2d 770, 776 n. 7 (1st Cir.1981) ("The principles of the Eleventh Amendment,...