Alvarez Kerkado v. Otero de Ramos

693 F. Supp. 1366, 1988 U.S. Dist. LEXIS 10300, 1988 WL 95704
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 6, 1988
DocketCiv. No. 87-0196 GG
StatusPublished

This text of 693 F. Supp. 1366 (Alvarez Kerkado v. Otero de Ramos) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alvarez Kerkado v. Otero de Ramos, 693 F. Supp. 1366, 1988 U.S. Dist. LEXIS 10300, 1988 WL 95704 (prd 1988).

Opinion

OPINION AND ORDER

GIERBOLINI, District Judge.

This is a civil rights action requesting damages for certain constitutional violations which resulted in death. Decedent Juan Bautista Andino Delgado, an inmate at the Río Piedras State Penitentiary in Puerto Rico, was killed by other inmates on February 10, 1986. The plaintiffs in this action are the children of the decedent. They brought this action under 42 U.S.C. § 1983 against four defendants, each of whom is or was an official in the Puerto Rico prison system: Dr. Mercedes Otero de Ramos, Administrator of Corrections; Dr. Miguel A. Poupart Cuadrado, Director of the Program of Penal Institutions of the Administration of Corrections and Deputy Administrator for the Treatment Area; José A. Colón Guzmán, the Superintendent of the Río Piedras State Penitentiary; and José A. Cordero Padró, Commander of the Guards at said institution at the time of the acts subject of the complaint. Plaintiffs allege that defendants’ actions or inaction resulted in the violation of decedent’s constitutional rights which ultimately caused his death.

Defendants have filed a motion supported by six affidavits requesting the entry of summary judgment in their favor on the grounds that plaintiffs have failed to raise a genuine issue of material fact regarding defendants’ personal responsibility [1367]*1367or involvement in decedent’s death, or their deliberate indifference to decedent’s security needs; that the decedent authorized defendants to remove him from voluntary isolation where he was being held for his own safety and to integrate him with the general penal population thereby releasing the correctional authorities from responsibility regarding any verbal or physical aggression he could suffer; and that defendants were shielded from the present suit by qualified immunity. Plaintiffs have filed an opposition and defendants have replied.

Under Rule 56(c) of the Federal Rules of Civil Procedure summary judgment should be entered, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial. Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A motion for summary judgment will be granted only “if the pleadings, depositions, answers to interrogatories, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Rule 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); General Office Products v. A.M. Capen’s Sons, Inc., 780 F.2d 1077 (1st Cir.1986). However, the mere existence of an alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.

The theory of liability set out in plaintiffs’ complaint, to which defendants as the moving parties were required to respond, is alleged in several paragraphs of the complaint in material part as follows:

11. The decedent’s death was caused by a denial of security and protection ... 14. The acts of the defendants ... do not constitute an isolated incident, but are part of a pattern of conduct of deliberate indifference to the decedent’s needs for his personal safety and protection, in violation of the Fifth, Eighth and Fourteenth Amendments to the Constitution ... as evidenced by a complete breakdown of authority and control at the Río Piedras State Penitentiary.
24. On or before February 10, 1986, the defendants knew that the conditions of overcrowding, and the attacks and murders of inmates by other inmates, constituted a reign of terror and violence which endangered the lives of all the inmates at the Río Piedras State Penitentiary ...
25. During the past five years prior to February, 1986, the Río Piedras State Penitentiary had been the stage for widespread violence between prisoners and ... several riots had erupted. At various times these violent encounters resulted in the death of several inmates ...
26. During the past five years prior to February, 1986, the Río Piedras State Penitentiary had been plagued with the existence of rival prisoner gangs which vied for power within the institution. This rivalry resulted in the maiming and killing of either neutral inmates or members of the weakest gang. At the State Penitentiary a committee had been organized by the inmates to hold mock trials ... and to execute those inmates found “guilty” ... On or about February, 1986, the prisoners’ gangs were in control of the Río Piedras State Penitentiary and this was known by and acquiesced too (sic) by the custody officers, including the defendants.
27. ... on or about February, 1986, at the Río Piedras State Penitentiary, was evidencing the following long standing and uncorrected conditions which directly affect the security of the inmates:
a. A lack of prisoner classification system;
b. Mixing of prisoners who should have been separated from each other ...
c. Severe overcrowding.
28. The defendants were all aware of these short comings (sic) and deficiencies ... Defendants further knew that these conditions particularly the crowding situation, was violative of this court’s prior order issued on September 5, 1980 in [1368]*1368Morales Feliciano v. Romero Barcelo, No. 79-4(PG) ... Each of the defendants had, within their own sphere of responsibility, control over the conditions ... which affected the security of the inmates, but failed to take any action to correct these conditions. Defendants’ actions or inaction amounted to deliberate indifference to decedent’s need for protection and security.
29. On February 10, 1986, decedent ... was brutaly (sic) murdered by his fellow inmates and his body was cut into small pieces which pieces ... were placed in a garbage pail which contained fodder for the hogs ...
30. The death ... was caused by the lack of reasonable protection and security at the Río Piedras State Penitentiary

Although plaintiffs have filed an opposition to the motion for summary judgment, they have not submitted counteraffidavits or any other supporting documentation pointing to specific facts which are contested. See Fed.R.Civ.P. 56(e).

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Bluebook (online)
693 F. Supp. 1366, 1988 U.S. Dist. LEXIS 10300, 1988 WL 95704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-kerkado-v-otero-de-ramos-prd-1988.