Maldonado v. Mun.Ity Of Barceloneta

• Decision Date: 19 January 2010
• Docket Number: Civil No. 07-1992 (JAG).
• Citation: 682 F.Supp.2d 109
• Parties: Madeline MALDONADO, et al., Plaintiff(s) v. MUNICIPALITY OF BARCELONETA, et al., Defendant(s).
• Court: U.S. District Court — District of Puerto Rico

682 F.Supp.2d 109

Madeline MALDONADO, et al., Plaintiff(s)

v.MUNICIPALITY OF BARCELONETA, et al., Defendant(s).

Civil No. 07-1992 (JAG).

United States District Court, D. Puerto Rico.

Jan. 19, 2010.

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Maria S. Kortright-Soler, M.S. Kort-right Soler Law Office, San Juan, PR, Pedro R. Vazquez, III, Pedro R. Vazquez Law Office, Guaynabo, PR, for Plaintiffs.

Luis F. Colon, Colon Gonzalez Law Office, Robert Freedman, Luis F. Colon-Conde, C. Conde & Mirandes, Miguel A. Pereira, Luis F Colon & Associates, Wan-dymar Burgos-Vargas, P.R. Department of Justice, Guillermo A. Macari-Grillo, Ma-cari Law Office, Jose J. Gueits-Ortiz, Department of Justice of Puerto Rico, Robert Millan, Millan Law Office, Enrique Velez-Rodriguez, Miriam R. Ramos-Grateroles, Miriam Ramos Grateroles, San Juan, PR, Marcos Valls-Sanchez, Marcos Vails Sanchez, Trujillo Alto, PR, for Defendants.

OPINION AND ORDER

GARCIA-GREGORY, District Judge.

The twenty-seven named plaintiff families in the case at bar, all residents of three public housing complexes located in Barceloneta, Puerto Rico (collectively "Plaintiffs"), bring a civil rights suit under 42 U.S.C. §§ 1983,1985, and1986 against Defendants asserting violations of their rights under the United States Constitution.Specifically, Plaintiffs allege that the precipitous seizure and cruel killings of their pet cats and dogs by Defendants violated their Fourth Amendment rights to be free from the unreasonable seizure of their "effects," and their Fourteenth Amendment substantive and procedural due process rights.Plaintiffs also proffered claims under the Fifth Amendment to the United States Constitution and supplemental law claims under the laws and Constitution of the Commonwealth of Puerto Rico.Plaintiffs are seeking compensatory and punitive damages, costs, attorney's fees, declaratory judgment, injunctive relief, prejudgment and post-judgment interest, and the value of their pets.(SeeDocketNo. 36).

Plaintiffs' claims under the Fifth Amendmentand42 U.S.C. § 1985 against Defendants the Municipality of Barceloneta ("the Municipality"), Mayor Luis Fon-tanes ("the Mayor"), Elsa Perez("Perez"), and the conjugal partnership Fontanes-Perez were dismissed by this Court.(DocketNo. 91).Furthermore, the First Circuit ordered the dismissal of Plaintiffs' substantive due process claims under the Fourteenth Amendment.(DocketNo. 233).Maldonado v. Fontanes, 568 F.3d 263, 271(1st Cir.2009).

Defendants the Mayor, the Municipality ("Defendants I"), Leonides Gonzalez, Sylvia Riquelme, Esther Ruiz, Ahmid Molina Morales and Edgardo Santiago("Defendants II")(collectively "Defendants") move for summary judgment.(DocketNos. 182 and 197).For the reasons set forth below, the Court GRANTS in part and DENIES in part Defendants' motions.

FACTUAL AND PROCEDURAL BACKGROUND

The parties summary judgment pleadings reveal the following uncontested material facts.All of the Plaintiffs' households are located in three public housing developments in the Municipality of Barceloneta.(Docket No. 182-2at 1, ¶ 1 & Docket No. 214-2at 1-2, ¶1).Of the 85 Plaintiffs, 56 are minor children.(Docket No. 182-2at 1, ¶2 & Docket No. 214-2at 2, ¶ 2).All of the adult Plaintiffs voluntarily entered into a lease with the responsible public housing authority.(Docket No. 182-2at 1, ¶ 3 & Docket No. 214-2at 2, ¶3).The leases stated that the tenants agreed to abide by the Admission and Continued Occupancy Policies of the Public Housing Authority ("PHA").(Docket No. 182-2at 1, ¶4 & Docket No. 214-2at 2, ¶4).

On October 1, 1999, the United States Congress approved 42 U.S.C. § 1437z-3, a public health and welfare law that allowed public housing residents to own and have in their dwelling one or more household pets.(Docket No. 214-2at 38, ¶1 & Docket No. 230-2at 3, ¶4).Title 24 C.F.R. § 960.707 allows a public housing resident to own one or more common household pet or have one or more household pet present in the dwelling of such resident, subject to reasonable requirements of PHA.(Docket No. 214-2at 38, ¶ 2 & Docket No. 230-2at 3, ¶4).In the year 2000, the Municipality of Barceloneta passed OrdinanceNo. 33, which did not allow residents to have pets in urbanizations, the town center, and in housing developments.(Docket No. 214-2at 38, ¶3 & Docket No. 230-2at 3, ¶4).

From 2003 to 2006, the Puerto Rico Public Housing Authority ("PRPHA") submitted to the United States Department and Housing Development ("HUD") an Annual Plan, and their Five Year Plan, which contained the policies under which they work.(Docket No. 214-2at 39, ¶ 4 & Docket No. 230-2at 3, ¶ 4).The Annual Plan is the document that the PHA submits to HUD under 24 C.F.R. § 903.4.(Docket No. 214-2at 39, ¶ 5 & Docket No. 230-2at 3, ¶ 4).The 2007 Annual Plan and the Five Year Plan was approved by HUD on June 25, 2007, and is in effect as of July 1, 2007.(Docket No. 214-2at 39, ¶ 6 & Docket No. 230-2at 3, ¶ 5).In 2007, PRPHA approved a pet policy consistent with the federal laws and regulations that allowed public housing residents to have pets.(Docket No. 214-2at 39, ¶ 7 & Docket No. 230-2at 3, ¶5).PRPHA's policy (hereinafter referred to as the "2007 Pet Policy") provided that "[p]et ownership shall be limited to common household pets, which shall be defined to include only dogs, cats, caged birds, commonly kept as pets, tropical fish, frogs, iguanas and tur tles kept in aquariums, other small caged animals, and no other species of animal; the pets must be registered with PRPHA or Management Agents."(Docket No. 214-13, Exh. 7at 5¶ C).In September 2007, the PRPHA provided training to the Municipalities, including the Municipality of Barceloneta, on the management of public housing under federal laws and regulations.(Docket No. 214-2at 39, ¶9 & Docket No. 230-2at 4, ¶ 3).

On October 1, 2007, the Municipality of Barceloneta began to manage the three public housing complexes where Plaintiffs reside.(Docket No. 214-2at 44, ¶24 & Docket No. 230-2at 5, ¶ 5).In doing so, the Municipality of Barceloneta agreed to comply with the PRPHA's formally adopted policies for grievance procedures and hearings (formal or informal) and any other required procedure in compliance with 24 C.F.R. part 966, subpart B and any other federal or state regulation.(Docket No. 214-2at 40, ¶ 11;DocketNo. 214-16, Exh. 10A at 11-12 ¶8.4 & Docket No. 230-2at 4, ¶ 4).On October 2, 2007, the Municipality of Barceloneta, through the administrators of each public housing development, drafted a letter notifying residents of the public housing developments that they could not have pets in their residences and that their lease contracts could be canceled if they did not comply with the prohibition.(Docket No. 214-2at 44, ¶ 25;Docket No. 214-31, Exh. 20 & Docket No. 230-2at 5, ¶ 5).The letter was signed by the administrators on October 3, 2007(hereinafter referred to as "the letter").(Docket No. 214-2at 44, ¶26;Docket No. 214-31, Exh. 20 & Docket No. 230-2at 6, ¶ 2).

On October 5, 2007, the Municipality of Barceloneta issued a purchase order to Animal Control Services ("ACS") to collect up to 50 animals.(Docket No. 214-2at 44, ¶ 28 & Docket No. 230-2at 6, ¶4).From that same day until October 7, the administrators personally delivered the letter to the residents.The letter, however, did not state that officials would enter the housing developments on any date in particular to enforce the prohibition against owning pets.(Docket No. 214-2at 44, ¶ 27 & Docket No. 230-2at 6, ¶ 3).On October 8, 2007, the Mayor, along with employees from both the Municipality and ACS, went into each of the public housing communities in order to execute an operation for the pick up of the pets owned by the public housing residents.(Docket No. 214-2at 45, ¶31;Docket No. 230-2at 7, ¶ 1 & Docket No. 239-3, Exh. 27at 2-3).

Municipal employees asked residents whether they had any pets that needed to be turned over as required by the purported pet policy.(Docket No. 239-2, Exh. 23at 2).About 50 to 80 animals were seized from the public housing complexes.(DocketNo. 214-24, Exh. 30).The animals were injected with a yellowish-green color liquid, after which some of the animals became dazed while others did not move.(Docket No. 214-2at 49, ¶ 51).All the animals picked up, were put in one van that contained only six to eight plastic crates.(Docket No. 214-2at 48, ¶48).Some of the animals picked up were beaten against the van.(Docket No. 214-2at 58, ¶122).

Thereafter, some of the pets picked up were thrown from a bridge known as "Pa-seo del Indio."(Docket No. 239-4, Exh. 28at 2;Docket No. 214-37, Exh. 26at 15 & 214-2 at 70¶ 205).At the bottom of the "Paseo del Indio" Bridge there were many dead dogs and broken tree limbs scattered around.(Docket No. 214-2at 70, 1f1f 206 and 207).Also, a dog was found hanging from a tree.(Docket No. 214-2at 85, ¶ 317;Docket No. 238-6, Exh. 14at 2).

On October 10, 2007, another operation took place in which pets in possession of public housing residents were taken.(Docket No. 182, Exh. 38at 48-9).The animals underneath the "Paseo del Indio" Bridge were buried on October 12, 2007.(Docket No. 214-2at 86, ¶321;Docket No. 238-6, Exh. 14at 3).

On October 17, 2007, the Municipality of Barceloneta fully relinquished its administrative duties to operate the public housing developments.(Docket No. 182-2at 8, ¶45 & Docket No. 214-2at 37, ¶45).Since October 17, 2007, the public housing facilities have not been administered by the Municipality of Barceloneta.(Docket No. 182-2at 9, ¶46 & Docket No. 214-2at 38, 1146).

On May 29, 2009, Defendants I filed a motion for summary judgment....