Cruz v. Savage, Civ. No. 84-1378 (RLA).

• Decision Date: 02 June 1988
• Docket Number: Civ. No. 84-1378 (RLA).
• Citation: 691 F. Supp. 549
• Parties: Juan E. CRUZ, et al., Plaintiffs, v. Robert SAVAGE, et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

691 F. Supp. 549

Juan E. CRUZ, et al., Plaintiffs, v. Robert SAVAGE, et al., Defendants.

Civ. No. 84-1378 (RLA).

United States District Court. D. Puerto Rico.

June 2, 1988.

Maria Sandoval, Nachman & Fernandez Sein, Santurce, P.R., for plaintiffs.

Wanda Rubianes, Office of the U.S. Atty., Hato Rey, P.R., for defendants.

OPINION AND ORDER

ACOSTA, District Judge.

Plaintiffs filed a suit against defendants¹ under the Bivens doctrine² alleging ten causes of action including pendent state claims for which they sought monetary damages. After four days of trial a verdict against the plaintiffs on all counts submitted was returned by the jury. Defendants now seek $40,625.00 in attorney's fees to be imposed against plaintiffs under the bad faith exception to the so-called "American Rule"³ and/or against plaintiffs' counsel personally as a sanction pursuant to Rule 11 of the Federal Rules of Civil Procedure.

It is defendants' contention that plaintiffs filed and prosecuted this case "throughout the course of three years knowing at all times the falseness of the factual allegations claimed in their complaint." They contend further that in so proceeding "plaintiffs acted in bad faith forcing the expenditure by the United States of valuable attorney time."⁴

Plaintiffs respond to these contentions by asserting that defendants' motion suffers from certain defects in form but mostly that plaintiffs should not be punished or "chilled" for prosecuting "novel issues of law" in good faith. Citing a 1961 5th Cir. case plaintiffs argue that the "novel issue" in this case is whether or not a student is entitled to know her "accusers" during a school disciplinary proceeding.

FACTUAL BACKGROUND

The background of the case is as follows:

1. On February 10, 1984 six students, including coplaintiff Monica Cruz, of the Antilles High School⁵ were huddled between two trucks that were parked in an "off limits" area.

2. The students were seen by the school audio-visual technician, Luis J. Falú. Mr. Falú, who had an opportunity to observe the students, had seen two male students exchange what he believed to be a marijuana cigarette.

3. Mr. Falú went to the cafeteria where he informed Mrs. Jean Ruiz, Assistant Principal, of what he had seen and the fact that he believed the students were smoking marijuana.

4. Mrs. Ruiz went to observe the area and noticed smoke rising up from between the trucks.

5. At this point, Mrs. Ruiz asked Mr. Weidline, a physical education teacher, to contact the Military Police of the base and ask that a patrol be sent to the area.

6. Mrs. Ruiz then went back into the school to observe the area from another classroom window which faced the area of the trucks directly. A short time later, Mrs. Ruiz heard a human whistle and saw Monica Cruz walk out from between the trucks, apparently to see who was whistling, and then return to the group. She saw each of the students as the group of six disbanded. Monica Cruz left under an umbrella with one of the six. Mrs. Ruiz was able to identify them visually as they were departing.

7. Later the six students were brought to the Principal's office.

8. Mrs. Ruiz then asked Monica Cruz to accompany her to her (Mrs. Ruiz's) office. Monica was informed in the presence of the other five students that she was accused of smoking marijuana.⁶ Monica Cruz accompanied Mrs. Ruiz to her office where she denied smoking marijuana.

9. After being asked if she had anything illegal in her possession, Monica Cruz took a folding pocketknife out of her purse and handed it to Mrs. Ruiz.

10. All the investigations made by the M.P.'s were carried out in the presence of the respective student's parents after the students were advised individually, in the parents' presence, of their rights. Monica Cruz, and her parents, refused to have her answer any questions.

11. One of the six students, Carlos Solis, admitted that he and the other boys had smoked a marijuana cigarette but could not say if Monica Cruz smoked from it. Another student, Robert Sanes, admitted smoking a marijuana cigarette but stated that all six had shared it and unequivocally included Monica Cruz.

12. On February 15, 1984, the Principal, codefendant Dennis Smith, sent a letter to Mr. and Mrs. Cruz informing them that their daughter Monica was charged with possession of marijuana, possession of a dangerous knife, being in an unauthorized area, and smoking during school hours. Mr. and Mrs. Cruz were advised in the letter that Monica would be suspended for ten days. The letter further stated that they had a right to appeal to the School Disciplinary Committee and that the suspension would be held in abeyance until the Disciplinary Advisory Committee issued its decision.

13. The letter was given to and read by Monica Cruz in the office of Mrs. Ruiz. Monica requested explanations of the contents of the letter and Mrs. Ruiz explained the letter as well as the appeal procedure to which she was entitled.

14. The next school day after February 15, 1984, Monica Cruz delivered a letter from her father to codefendant Smith dated February 15, 1984, which in effect constituted an appeal request.

15. Monica Cruz subsequently met with Mrs. Ruiz who further explained the appeal procedure to her and gave her a list of nine people from which she was to select one teacher, one student, and one parent. These three people would constitute the Disciplinary Advisory Committee which would review the incident and the proposed punishment.

16. Monica made her selection, Gregory Bush, a teacher, Gerardo Picó, a student, and Catalino Neris, a parent.

17. The Disciplinary Advisory Committee met on February 23, 1984. After reviewing the evidence and listening to the comments of coplaintiff Juan Cruz, they unanimously voted to uphold the disciplinary action taken by the School Superintendent.

18. By letter dated February 27, 1984, codefendant, Dennis Smith, Principal of Antilles High School, advised Mr. and Mrs. Cruz of the Advisory Committee's decision. Monica's ten-day suspension went into effect on March 1, 1984.

19. The other five students received the same punishment as Monica Cruz. None of them, however, filed suit against the school officials.

20. The suit commenced on May 21, 1984 with the filing of a lengthy complaint consisting of 206 paragraphs.

21. After protracted discovery proceedings a motion for summary judgment was filed by the defendants which resulted in the Court dismissing the action against the defendant, Col. Robert C. Deshler, as mentioned previously.⁷

22. The Court, however, denied the dismissals of the remaining defendants because of the application of a favorable inference under the required standard of review⁸ and because of attorney Sandoval's implicit promise that at trial she would produce the necessary facts to sustain her client's claims.

23. The students were also banned from the base during non-class hours by order of the Base Commander which meant they were not permitted to participate in extracurricular activities held on base for the remainder of the school year. This action was taken by the Commander pursuant to his statutory authority to control access and egress as well as all activities on the base.

DISCUSSION

A mountain was in labor, sending forth dreadful groans, and there was in the region the highest expectations. After all, it brought forth a mouse.⁹

In this mountain of a case, thanks to the wisdom of the jury, not even a mouse came forth.

Stripped of its vines and useless foliage this case is essentially about a female high school student who, in the company of five male fellow students, admitted that on February 10, 1984, she was in an unauthorized area. She also admitted owning, and voluntarily produced to Mrs. Ruiz, a knife which she possessed on school grounds. She also admitted to smoking cigarettes on school grounds. According to the school's regulations anyone of these violations could have brought about the suspension which the plaintiff received as would have any other student. What plaintiff, Monica Cruz, consistently denied was that she smoked a marijuana cigarette in the company of the five fellow students which was also a charge against her. Solely on the basis of this denial and the claim that her accusers (of smoking marijuana) were never made known to her, she, her father, mother, and sister filed this action alleging ten claims for relief.

In view of the fact plaintiff Monica Cruz admitted three violations, any one of which could have resulted in suspension, the question of due process became moot insofar as these charges were concerned. The regulation of the school was clear and unequivocal concerning the punishment to be meted out for these types of violations.¹⁰ What we were left with, essentially, was whether or not Monica Cruz was afforded due process with respect to the charge that she was smoking marijuana on February 10, 1984. One view could be that since she was suspended for acts which she admitted, what difference does it make that she know who accused her of putting a marijuana cigarette to her lips and inhaling the smoke. The difference, as plaintiffs insisted throughout the proceedings, was that because there was the possibility that Monica Cruz could be charged criminally by the military prosecutors for smoking marijuana on the base it was essential that her accuser be made known to her.¹¹ Yet, in spite of the fact that this issue "lay at the core of their constitutional claims" (underline supplied)¹² and further, in spite of the fact that "the statute of limitations as to the (criminal) charge of smoking marijuana has not yet run"¹³ plaintiffs acquiesced to defendants' Rule 41 motion with respect to the fourth claim for relief.¹⁴ The reason given for relinquishing this claim is best expressed in the words of plaintiffs' attorney herself:

Plaintiffs explained that plaintiffs' Fourth Claim for Relief was alleged at a time when it was unclear whether the

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