Rodriguez-Borton v. Pereira-Castillo, No. 06-1754 (FAB).
| Decision Date | 16 January 2009 |
| Docket Number | No. 06-1754 (FAB). |
| Citation | 593 F.Supp.2d 399 |
| Parties | Claudia S. RODRIGUEZ-BORTON, et al., Plaintiffs, v. Hon. Miguel A. PEREIRA-CASTILLO, et al., Defendants. |
| Court | U.S. District Court — District of Puerto Rico |
Carlos I. Prieto-Padilla, Jose L. Cabiya-Morales, Cabiya & Molero Law Office, PSC, San Juan, PR, for Plaintiffs.
Teresa S. Zapata-Valladares, Departamento De Justicia, Joy C. Villardi-Rizzuto, P.R. Department of Justice, Maria del Mar Quinones-Alos, P.R. Department of Justice, San Juan, PR, for Defendants.
This is a civil rights action requesting damages for constitutional violations culminating in the death of Karl Michael Rodriguez-Gonzalez ("Mr. Rodriguez"), who was a pretrial detainee housed in a Puerto Rico prison. Plaintiffs1 bring this action against defendants2 in their individual capacities under 42 U.S.C. § 1983 alleging violations of the Fifth and Fourteenth Amendments of the United States Constitution and various state laws of the Commonwealth of Puerto Rico. See 28 U.S.C. § 1367. Defendants are or were officials or employees in the Puerto Rico prison system. Plaintiffs allege, among other things, that defendants "failed to comply with their duty to protect Karl Michael from unreasonable risk of violence while in confinement." (Docket No. 128)
Pending before the Court is a summary judgment motion filed by defendants (Docket No. 109.) Plaintiffs opposed defendants' motion for summary judgment (Docket No. 128.)3 Plaintiffs allege that defendants' conduct caused a violation of Mr. Rodriguez's due process rights during his incarceration as a pretrial detainee. Specifically, plaintiffs contend that defendants' failure to take action to correct clear and well-noticed deficiencies in the correctional facility where Mr. Rodriguez was held led to his death, constituting a deprivation of his right to be safe from the attacks of other inmates. Defendants move for summary judgment based on grounds that: (1) Plaintiffs failed to demonstrate that defendants acted with deliberate indifference; and, (2) defendants are nevertheless entitled to qualified immunity.4
For the reasons stated below, the Court DENIES IN PART and GRANTS IN PART defendants' motion for summary judgment.
Mr. Rodriguez, the decedent, had two daughters, Claudia S. Rodriguez-Borton and Ana D. Rodriguez-Tucker. Both daughters are plaintiffs in this case, and both daughters are minors, each represented by a surviving relative: Michelle Borton, Claudia's mother, represents Claudia; Donna Cwynar, Ana's grandmother and legal custodian, represents Ana. (Docket Nos. 110 and 159)
Miguel Pereira-Castillo was the Administrator of the Administration of Corrections of the Commonwealth of Puerto Rico and Secretary of the Department of Correction and Rehabilitation.
Collette Santa-Rodriguez was the Regional Director of Administration of Corrections Southern Region (under which sat the institution of Annex 246).
Victor Rivera-Percy was the Superintendent of the correctional institution known as Annex 246.
Melvin Burgos-Brandi was the Commander of the Guards at the correctional institution known as Annex 246.
Abraham Antonetty-Santiago was the officer assigned to the hallway of Annex 246, Sections Green and Yellow, from 10:00 p.m., July 31, 2005, to 6:00 a.m., August 1, 2005.
Sergeant Jose Rodriguez-Cruz was the Supervisor in charge of the shift from July 31, 2005 at 10:00 p.m. to August 1, 2005 at 6:00 p.m. in Annex 246.
Sergeant Jose Feliciano-Suarez was the Supervisor in charge of the shift on August 1, 2005 from 6:00 a.m. to 2:00 p.m. in Annex 246.
Agustin Pagan-Rodriguez was the Correctional Officer assigned to the hallway of Annex 246, sections green and yellow, from 6:00 a.m. to 2:00 p.m. on August 1, 2005.
Mr. Rodriguez was a pre-trial detainee under the custody of the Administration of Corrections ("AOC") at Las Cucharas Correctional Complex in Ponce, Puerto Rico. (Docket Nos. 56 and 84) On July 28, 2005, Mr. Rodriguez was transferred from the institution in the complex known as Ponce 676 to the institution called Annex 246. Id. In Annex 246, Mr. Rodriguez was assigned to cell 21 of the wing known as the Green Section. Id.
In the early morning hours of August 1, 2005, Mr. Rodriguez was found dead by hanging in cell 13 of Annex 246; cell 13 was assigned to inmate Jose L. Torres-Santini ("Mr. Torres"). Id. The press was incorrectly informed that the deceased inmate was Mr. Torres, not Mr. Rodriguez. Id.
Many correctional officers and officials were assigned to the institution where Mr. Rodriguez was housed.6 Correctional officers Jose A. Rodriguez-Cruz (Supervisor) and Abraham Antonetty (Housing7 1) were assigned to work during the night shift starting July 31, 2005 at 10:00 p.m. and ending August 1, 2005 at 6:00 a.m. (Docket No. 165, Exh. 1)8 Correctional Officer Agustin Pagan was assigned to Housing 1 during the 6:00 a.m. to 2:00 p.m. shift on August 1, 2005. (Docket No. 110, Exh. 22)9
According to a letter written on August 3, 2005 by Victor Rivera-Percy, Superintendent of Annex 246, William Torres-Santiago was the "On Call" Superintendent for Annex 246 during the weekend of July 30 and July 31, 2005. It is unclear from the report, however, at what time his shift began and ended. (Docket 145, Exh. 17) Also according to that report, Mr. Rivera-Percy "had been officially transferred to the Institution Ponce Principal and was working in that institution on August 1, 2005." Id.
During his shift on July 31 and August 1, 2005, correctional officer Abraham Antonetty saw inmates moving out of their cells. (Docket No. 165, Exh. 28) Mr. Antonetty entered comments into a "Control Sheet of Signatures After Making Preventative Rounds." In that form, the living area officer appears to report his or her hourly observations about conditions in the Green and Yellow sections of the Ponce Correctional system where Mr. Rodriguez was housed. (Docket No. 145, Exh. 21) In the form, Mr. Antonetty entered the comment "Everything normal" at 10:00 p.m. and 11:00 p.m. on July 31, 2005, and at 12:00 a.m., 1:00 a.m., 2:00 a.m., 3:00 a.m., 4:00 a.m., and 5:00 a.m. on August 1, 2005. Id. At 11:00 p.m. on July 31, 2005, Mr. Antonetty additionally entered the comment, "recount." Id.
At 6:00 a.m., correctional officer Agustin Pagan began his shift. Mr. Pagan's 6:00 a.m. entry in the Control Sheet form stated "Recount" and "I notice inmate apparently hung." Id. Mr. Pagan testified in deposition that he conducted a recount of inmates at around 6:00 a.m. on August 1, 2005, during which time his supervisor, Jose Feliciano-Suarez, arrived to take inmates to their court appearances. (Docket No. 145, Exh. 24) Mr. Pagan further testified that he then was then informed by an inmate to recheck cell number 13. Id. Mr. Pagan stated that he went toward cell 13 and noticed then that there was an inmate hanging in the cell. Id. Mr. Pagan proceeded to inform supervisor Suarez of the situation. Id.
When Mr. Pagan located the inmate's identity card to verify the name of the dead inmate, he identified the body as that of Jose L. Torres-Santini, who, according to the official list, was assigned to cell 13. (Docket No. 165, Exh. 28) Mr. Rodriguez was therefore incorrectly identified as Jose L. Torres-Santini. Id. According to a preliminary report of Mr. Rodriguez's death written by Agent Adam Torres, an investigating agent in the AOC system, "at the time that Officer Pagan realized that there was a dead inmate in the cell, he took the card that was in the cell and didn't corroborate that the photo and the information on the card was correct," which led AOC personnel to report the decedent's identity incorrectly to the Corrections Press Unit, the Puerto Rico Police and the family member. (Docket No. 145, Exh. 26)
During the months of July and August, 2005, only two "incidents" were officially reported in Annex 246 on reports maintained by AOC of incidents in the various AOC correctional institutions. (Docket No. 145, Exh. 20) No incidents were officially reported on the AOC incident sheet for July 31, 2005 or August 1, 2005. Id. Plaintiffs point out that, although the incident sheet contains no record of any disturbance on July 31 or August 1, 2005, it fails even to record the instance of Mr. Rodriguez's death. (Docket No. 159) Christina Rodriguez-Gonzalez, Mr. Rodriguez's sister, testified during an oral deposition that Annex 246 Superintendent Victor Rivera-Percy told her that there has been a riot in the institution where her brother was held. (Docket No. 165, Exh. 16) There was no official indication of such an event in the AOC incident report sheet. Id. Nothing in the record indicates that Mr. Rodriguez informed any AOC staff that he was in danger of violence or harassment; relatives of Mr. Rodriguez testified, however, that Mr. Rodriguez informed them during various telephone calls that he was being assaulted.10
The manner of Mr. Rodriguez's death remains unclear.11 In Forensic Pathologist Dr. Francisco Cortes' autopsy report of Mr. Rodriguez, Mr. Cortes concluded that Mr. Rodriguez died of asphyxiation by suspension, but that the manner of death was still pending investigation. (Forensic Report, Docket No. 165, Exh. 23) Agent Pablo Diaz-Guzman of the Criminal Investigation Corps of Puerto Rico's Police Department was unable to conclude whether the manner of death was a suicide or homicide, and the investigation, now headed by Agent Angel Ortiz, still continues. (Docket No. 165, Exhs. 20, 22 and 32) Agent Ortiz received information from an inmate that Mr. Rodriguez...
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