Santana v. US, Civil No. 93-1195(SEC).

• Decision Date: 26 March 1996
• Docket Number: Civil No. 93-1195(SEC).
• Citation: 919 F. Supp. 558
• Parties: Carlos Torres SANTANA, et al., Plaintiffs, v. UNITED STATES of America, Defendant.
• Court: U.S. District Court — District of Puerto Rico

919 F. Supp. 558

Carlos Torres SANTANA, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

Civil No. 93-1195(SEC).

United States District Court, D. Puerto Rico.

March 26, 1996.

Graham A. Castillo-Pagán, Hato Rey, PR, for plaintiffs.

Fidel A. Sevillano del Río, Assistant U.S. Attorney, Hato Rey, PR, for defendant.

OPINION AND ORDER

CASELLAS, District Judge.

This is an unfortunate case that should never have happened. A sick veteran came in for medical treatment to the Veterans Administration Hospital (the "VA Hospital") and came out of the hospital beaten up and criminally prosecuted. Sometimes, the law does not necessarily coincide with justice. This case is ultimately a reminder that the law "does not prohibit everything that is intensely undesirable." Bennis v. Michigan ___ U.S. ___, 116 S.Ct. 994, 134 L.Ed.2d 68 (Thomas, J. concurring). Despite the Court's personal regret for the unfortunate sequence of events which led to plaintiffs' eventual beating, arrest and prosecution, we find that the facts and the applicable law in the abovecaptioned case do not constitute sufficient cause to impose liability upon the government. Accordingly, this Court finds for defendants on all counts and hereby DISMISSES plaintiffs' claims against defendants.

I. FINDINGS OF FACT

On November 23, 1990, plaintiffs Carlos Torres Santana ("Carlos"), and Luis Torres Santana ("Luis"), celebrated the Thanksgiving holiday at their mother's house from approximately 8 p.m. until 1 a.m. At approximately 1 a.m., on the morning of November 24, 1990, Luis and Carlos Torres Santana left their mother's house and went to Carlos' house to continue the holiday celebration.

Sometime between 8 p.m. on November 23, 1990 and 2 a.m. of November 24, 1990, plaintiffs Carlos and Luis consumed an unknown quantity of alcohol. Sometime between 1 a.m. and 2 a.m. on November 24, 1990, Luis vomited blood at his brother's house. Such vomiting could have been the result of an old peptic ulcer becoming irritated. It is common knowledge that alcohol affects ulcers.

Carlos decided to accompany his brother Luis to the Veterans Administration Hospital, since both were Army veterans and the VA Hospital was near Carlos' house. The brothers arrived at the VA Hospital sometime between 2:30 a.m. and 3:00 a.m., and entered through the emergency entrance. Both brothers went to the waiting room of the hospital.

Carlos approached and spoke with the attending clerk at the waiting room, Mr. Jose L. Rosado. At the time that the Torres Santana brothers arrived at the VA Hospital, between 2:30 a.m. and 3:00 a.m., there were no other patients in the waiting room. Upon Rosado's request, Carlos produced a DD-214 form, an Army Reserve I.D. card, and a driver's license on behalf of his brother. (Joint Exhibit II, p. 16-17) The VA Hospital requires the DD-214 form to determine that a person has been honorably discharged from the armed forces and that such individual is entitled to the medical treatment administered by the hospital.

The form was not completely legible, and the clerk took some time to process it, due to his alleged inability to read the DD-214 form. (Joint Exhibit II, p. 16) The clerk requested further identification to determine if Luis was indeed a veteran and therefore eligible to receive free medical treatment at the VA Hospital. Although there was conflicting testimony regarding the length of time which the clerk took in processing the application, it does appear that he took his time and service was not prompt. The clerk did not have any other patients to register at the time, and, when taken together with the Army Reserve I.D. and the driver's license submitted, the DD-214 form could have been readily ascertained to be genuine.

This delay in processing had not been the first time that duty clerks had failed to properly wait on patients. Acting Police Supervisor Pedro Flores noted in his Uniform Offense Report in this case that:

We, the P/O's police officers are having problems during the shifts after working hours; 15:00 hours to 0700 hours sic because in the way outpatients seeking for treatment are being treated sic by employees without no respect or consideration; arising in arguments between employees and outpatients; then we are called when patients are already upset and they get upset and against P/O's.

We strongly recommend that some kind of training on public relations, courtesy, ethic and discipline be given to those MAS employees dealing with the veterans or persons seeking for treatment. (Joint Exhibit II, p. 13) (emphasis added)

Both Carlos and Luis Torres Santana became visibly upset with the delay caused by Jose L. Rosado's administrative requirements. Finally, the on-duty Administrator, Mr. Mortimer de León, told Rosado to go ahead and register the veteran.

Carlos addressed clerk Rosado in a boisterous, profane and threatening manner, as he demanded immediate treatment for his brother's condition. (Joint Exhibit I, p. 3, p. 11) Carlos had a lengthy medical record of psychiatric illness. (Joint Exhibit III, Psychiatric Evaluation of Carlos Torres Santana by Dr. Fernando J. Cabrera) Dr. Fernando J. Cabrera, who conducted a psychiatric evaluation of Carlos Torres Santana after the incident, concluded that Carlos was a "chronic Schizophrenic paranoid type with acute exacerbation." Dr. Cabrera also noted that at the time of the alleged incident on November 24, 1990, he was "in acute exacerbation of his paranoid symptomatology." (Joint Exhibit III, p. 2-4)

The clerk, Jose L. Rosado, concerned with Carlos and Luis' boisterous and aggressive attitude, notified security to calm both brothers down. VA Police Officer Jorge Rivera, upon Rosado's request, came into the waiting room and told both brothers to calm down, that the medical staff would soon take care of them. He had a radio in his hand. A discussion ensued between police officer Rivera and the Santana brothers.

Luis hit Rivera on the right eyebrow, causing Rivera to bleed profusely. The wound in Rivera's eyebrow required between 5 and 6 stitches. Rivera proceeded to arrest him and repelled the aggression. He then used mace on Luis. Both brothers joined in the fray against Rivera. Shortly thereafter the other two guards Pablo Ruiz and Pedro Flores came into the room.

A brutal melée ensued, until the three guards subdued and submitted both brothers, Carlos and Luis Torres Santana into obedience. They were handcuffed, restrained and placed on gurneys for medical treatment of the injuries suffered during the melée. Mace was the primary weapon of the police officers at the VA Hospital. None of the police officers carried baton sticks. Police officer Rivera used mace spray against Luis in his effort to subdue and restrain him. Luis suffered some facial burns from the spray of mace.

During the brawl, all parties involved suffered multiple bruises and lacerations throughout all parts of their bodies. The Torres Santana brothers, however, suffered more than the officers. (Plaintiff's Exhibit 1-h, 1-g, 1-L, 1-m, 1-o, 1-p, 1-q, 1-s) (Defendant's Exhibit A(1), A(2), A(4), A(5), A(9)). The injuries sustained by the parties were not unusual for a melée of this nature and magnitude, which involved persons with military and police training. The officers Jorge Rivera, Pablo Ruiz and Pedro Flores used all necessary force required to subdue the brothers, which involved punching, tackling plaintiffs to the floor and violent scuffling with the brothers to handcuff them.

Luis suffered an injury to his head, from which he bled profusely. (Plaintiff's Exhibit 1-a) The cause of Luis' head injury is not clear: the blow to the head may have been caused by one of the guards; from his head hitting the floor during the scuffle, or he may have fallen against the side of a chair; or his head may have hit the edge of a column during the brawl. Police officer Jorge Rivera suffered a broken hand during the scuffle. He lost 20% mobility in his hand due to this incident. (Defendant's Exhibit A(8)). Officer Pedro Flores suffered injuries to his neck, jaw, legs, arms and back. All those injuries were sustained during the scuffle. Pablo Ruiz suffered a trauma on his right hand (Joint Exhibit II, p. 7)

After the police officers subdued Luis, they strapped him to a gurney and took him to the emergency room for medical attention. Once in the medical room, medical staff stitched his head wound and sedated him to control his aggressive behavior. Carlos, who had also been handcuffed by the guards after the fray, attempted to flee the hospital. Police guards Pedro Flores and Pablo Ruiz dragged him back into the building.

Upon his capture, officer Pedro Flores and the medical staff strapped Carlos to a gurney and also provided him with medical treatment. The medical staff sedated him, in view of his overly aggressive behavior, in order to provide the necessary medical treatment for his injuries.

Dr. Osvaldo Caro, the psychiatric intern at the VA Hospital, conducted a psychiatric evaluation of Luis. He noted that both brothers had drank "large amounts of alcohol." Luis admitted to him that he had drank an "unknown quantity of alcohol." (Joint Exhibit I, VA Medical Certificate, p. 1, back page; p. 9) Dr. Caro concluded that Luis had "strong alcohol breath" Id. He also indicated that Luis suffered from "Alcohol intoxication" Id. Finally, Dr. Caro noted that Luis had suffered an "acute psychotic episode secondary to alcohol intoxication" Id.

Dr. D. Santana, who sutured Luis' head wound, noted in his report that the patient was "under alcohol effects." (Joint Exhibit 1, Medical Certificate, p. 9) The medical staff indicated in the Admission Room Pre-Admission Assessment Report that Luis smelled of ethanol (alcohol). (Joint Exhibit, p. 11) Dr. Carlos Diaz, attending physician at the VA Emergency room at the time of the incident on November 24, 1990, conducted a medical examination of Luis. (Joint Exhibit 1, VA...