Ramos Bonilla v. Vivoni Del Valle, Civil No. 03-2265 (DRD).

• Decision Date: 22 September 2004
• Docket Number: Civil No. 03-2265 (DRD).
• Parties: Efrain RAMOS BONILLA, Plaintiff v. Pierre E. VIVONI DEL VALLE et al., Defendants.
• Court: U.S. District Court — District of Puerto Rico

336 F.Supp.2d 159

Efrain RAMOS BONILLA, Plaintiff v. Pierre E. VIVONI DEL VALLE et al., Defendants.

Civil No. 03-2265 (DRD).

United States District Court, D. Puerto Rico.

September 22, 2004.

COPYRIGHT MATERIAL OMITTED

Francisco R. Gonzalez-Colon, San Juan, PR, for Plaintiff.

Susana I. Penagaricano-Brown, San Juan, PR, for Defendants.

ORDER

DOMINGUEZ, District Judge.

Pending before the Court is defendants, former Police Superintendent Victor Rivera Gonzalez in his official capacity, former Police Superintendent Pierre Vivoni del Valle and Police Colonel Haddock Roman in their personal capacities' Motion to Dismiss under FED. R. CIV P. 12(B)(6) (Docket No. 4). Co-defendants request the dismissal of plaintiff's Complaint for failure to state a claim upon which relief can be granted. Co-defendants affirm that plaintiff failed to state a claim pursuant to § 1983; that the claim against Victor Rivera in his official capacity should be dismissed because plaintiff is not entitled to injunctive relief¹; that the Complaint fails to state a conspiracy claim pursuant to § 1983 and; that plaintiff fails to state a claim of supervisory liability under § 1983 against co-defendants Pierre Vivoni and Carlos Haddock. Further, co-defendants sustain that a declaratory judgment does not proceed and, alternatively, that Pierre Vivoni and Carlos Haddock are entitled to qualified immunity. As to the state law claims, co-defendants aver that once the federal claims are dismissed the Court should decline exercising jurisdiction over the state law claims.

Plaintiff duly opposed co-defendants' request. (Docket No. 11). Plaintiff sustains that there are sufficient pleadings to establish a proper cause of action pursuant to § 1983 precluding the dismissal of the instant action at this stage of the proceedings. Plaintiff further sustains that co-defendants are not entitled to the qualified immunity defense and that issuance of a declaratory judgment proceeds in this case. However, plaintiff accepts that pursuant to this Court's Judgment of April 22, 2003 in Civil Case No. 02-2002 before Honorable District Judge Pieras, all claims against all defendants in their official capacities were dismissed. Further, plaintiff affirms that as to co-defendants Pierre Vivoni and Carlos Haddock's liability in the instant case, the plaintiff is alleging their direct and personal involvement in the violation of his constitutional rights and not relying on their supervisory liability.²

I.

The instant Complaint was filed by Efraín Ramos-Bonilla, hereinafter Ramos-Bonilla or the plaintiff, pursuant to 42 U.S.C. § 1983, Fourth and Fourteenth Amendments, Puerto Rico's Act No. 100 of June 30 1959, 29 L.P.R.A. § 146 et seq. and Article 1802 of the Puerto Rico' Civil Code, 31 L.P.R.A. § 5141, against Pierre E Vivoni Del Valle, hereinafter Vivoni, in his personal capacity, Victor Rivera González, hereinafter Rivera-González, in his official capacity, Carlos Haddock Román, hereinafter Haddock, in his personal capacity and Josean Moreno in his personal and official capacity. Plaintiff sustains that the defendants conspired and committed acts under color of law depriving him of his constitutional rights of liberty and property.

This case was originally filed before this Court as Civil Case No. 02-2002 JP. On April 23, 2003, this Court, via Judge Pieras, dismissed with prejudice the causes of action under the First Amendment, and dismissed without prejudice the causes of action under the Fourth Amendment without reaching the issue as to qualified immunity.³

Before addressing co-defendants request for dismissal, the Court finds that pursuant to this Court's Opinion and Order, all actions against any of the co-defendants in the instant case, in their official capacities, at the federal forum are precluded under the Eleventh Amendment. Accordingly, on said occasion, these actions were dismissed with prejudice. Ramos Bonilla v. Pierre E. Vivoni-del-Valle, 259 F.Supp.2d 135, 141 (D.Puerto Rico). Plaintiff insists on filing, once again, the instant Complaint against Josean Moreno in his official capacity.

However, this Court is precluded from revisiting the issue. Under federal law, res judicata principles, "a final judgment on the merits of an action precludes the parties or their privies from relitigating claims that were raised or could have been raised in that action." Apparel Art Int'l v. Amertex Ltd., 48 F.3d 576, 583 (1st Cir.1995). In other words, res judicata "binds parties from litigating or relitigating any issue that was or could have been litigated in a prior adjudication." Futura Development Corp. v. Centex Corp., 761 F.2d 33, 42 (1st Cir.1985). This doctrine applies when a final judgment on the merits of the case has been issued and there is sufficient identity between the parties and the causes in both suits. Ortiz-Cameron v. Drug Enforcement Admin., 139 F.3d 4, 5 (1st Cir.1998) citations omitted. Accordingly, pursuant to federal res judicata principles, the previous judgment has become the law of the case, and the Court is barred from addressing the issue for a second time. United States v. Mendoza, 464 U.S. 154, 158, 104 S.Ct. 568, 571, 78 L.Ed.2d 379 (1984)("[O]nce a court has decided an issue of fact or law necessary to its judgment, that decision is conclusive in a subsequent suit based on a different cause of action involving a party to the prior litigation."). Consequently, all claims against co-defendant Josean Moreno in his official capacity are hereby, DISMISSED WITH PREJUDICE.

II. MOTION TO DISMISS STANDARD

In ruling on a motion to dismiss, a court must accept as true all the factual allegations in the complaint and construe all reasonable inferences in favor of the plaintiffs. Alternative Energy, Inc. v. St. Paul Fire and Marine Insurance Company, 267 F.3d 30, 33 (1st Cir.2001). Dismissal under FED. R. CIV. PROC. 12(b)(6) is appropriate only if the facts alleged by the plaintiff, taken as true, do not justify recovery. Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996). Therefore, in order to survive a motion to dismiss, plaintiff must set forth "factual allegations, either direct or inferential, regarding each material element necessary to sustain recovery." Gooley v. Mobil Oil Corp., 851 F.2d 513 (1st Cir.1988).

Although the Court acknowledges that the First Circuit has held that the heightened pleading standard does not apply in federal civil rights suits Educadores Puertorriquenos v. Rey Hernandez, 367 F.3d 61, 66 (1st Cir.2004), the courts are still obliged to apply the pleading requirements of Fed. R. Civ P. 8(a)(2). Hence, a plaintiff must still include in the complaint a short statement that demonstrates that he is entitled to a relief. Said statement should be sufficient to provide the defendant fair notice of what the plaintiff claims and on the grounds upon which those claims rest. Id. Citations omitted. However, the Court is not obligated to accept plaintiff's "bald assertions, unsupportable conclusions, periphrastic circumlocutions, and the like." Aulson v. Blanchard, 83 F.3d at 3. The Court must only accept those facts that are "well pleaded," limiting its inquiry into the allegations of the complaint. Litton Indus., Inc. v. Colon, 587 F.2d 70, 74 (1st Cir.1978). In sum, the Court's focus should always be on "whether a liberal reading of [the complaint] can reasonably admit of a claim...." Id.; see also Rogan v. Menino, 175 F.3d 75 (1st Cir.1999). Emphasis added.

Accepting as true all the factual allegations contained in the Complaint, the Court portraits the following factual scenario:⁴

III. FACTUAL SCENARIO

On June 28, 2001, plaintiff Efraín Ramos Bonilla, hereinafter Ramos-Bonilla, a self proclaimed "Pro American" participated in a demonstration in favor of the American Flag. Said manifestation was held at "La Lomita de los Vientos" located across the street of the Legislature of Puerto Rico, overlooking the Atlantic Ocean. Ramos-Bonilla arrived during the morning hours to the place of the manifestation and walked to the top of the hill were the American flag had been raised. Then, pursuant to the Complaint, dozens of people confronted plaintiff's "Pro American" group. Allegedly, hundreds of police officers appeared at the scene commanded by Police Colonel Carlos Haddock

On or around 10:30 a.m. Colonel Haddock informed plaintiff that both groups had agreed to leave the place. Accordingly, Colonel Haddock ordered plaintiff to leave as well.

Around Noon, the former Superintendent of the Police Department, co-defendant Pierre Vivoni arrived at the scene. Colonel Haddock walked down the hill "apparently trying to divide the `Pro-American' group" that, by that time, amounted to around four hundred demonstrators. See Complaint ¶ 8.

By 3:00 p.m. on that same date, the Pro-American group grew to the thousands of followers. Colonel Haddock ordered the people, gathered at the manifestation, to open a corridor. Colonel Haddock then escorted a group of the persons who defended opposite interests to plaintiff's group, into the Chapel installed at the top of the hill. At that moment, plaintiff was hit in the back (the complaint does not specify by who), thrown into the opposing group where a police officer hit him, threw him on the floor, handcuffed him and arrested him. Colonel Haddock informed plaintiff that he had been causing trouble the whole day.

Plaintiff was taken into the Police Cruiser where he asked why he was being arrested. Allegedly, several policeman told him that Colonel Haddock had ordered his arrest. Plaintiff was taken to the Puerta de Tierra Police Station where he was placed under custody. After being confined for a half an hour, he was released. Plaintiff returned to the manifestation.

On August 4, 2001, plaintiff appeared at Court in compliance with a Court citation. There, the accusing police officer, Josean Moreno, allegedly informed the Court that Colonel Haddock had ordered him to press charges...