Diaz-Morales v. Rubio-Paredes

170 F. Supp. 3d 276, 2016 WL 1085226, 2016 U.S. Dist. LEXIS 37672
CourtDistrict Court, D. Puerto Rico
DecidedMarch 21, 2016
DocketCIV. NO. 13-1360(PG)
StatusPublished
Cited by7 cases

This text of 170 F. Supp. 3d 276 (Diaz-Morales v. Rubio-Paredes) 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
Diaz-Morales v. Rubio-Paredes, 170 F. Supp. 3d 276, 2016 WL 1085226, 2016 U.S. Dist. LEXIS 37672 (prd 2016).

Opinion

OPINION AND ORDER

JUAN M. PEREZ-GIMENEZ, SENIOR UNITED STATES DISTRICT JUDGE

Before the court is co-defendants Limar-is Cruz-Velez, Sergio Rubio-Paredes and Emilio Arill-Garcia’s motion for summary judgment (Docket No. 89). For the reasons set forth below, the court GRANTS IN PART AND DENIES IN PART the co-defendants’ motion.

I. BACKGROUND

On May 8, 2013, plaintiff Robert Anel Diaz-Morales (hereinafter “Plaintiff’ or “Diaz-Morales”) filed the instant action seeking compensatory damages against co-defendants police officer Limaris Cruz-Velez (“Cruz-Velez”), prosecutor Sergio Ru-bio-Paredes (“Rubio-Paredes”), supervising district attorney Emilio Arill-Garcia (“Arill-Garcia”), and other unknown defendants.1 As explained in this court’s Opinion and Order of September 30, 2014 (Docket No. 53), the facts of this case stem from the assault and murder of Kenia Rosario Viera (“Rosario”) during the early dawn hours of October 23rd, 2001. The [281]*281Plaintiff was eventually charged and found guilty of these crimes by a jury on November 13, 2003, but, the Supreme Court of Puerto Rico vacated this verdict eight and a half years later, on May 9th, 2012.2

The Plaintiff brought the present claim pursuant to 42 U.S.C. § 1983 for what he claims were violations to his constitutional rights under the Fourth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution. These constitutional violations, he claims, stem from the investigation and prosecution of the assault of Rosario that resulted in her death. See Docket No. 1. Plaintiff also invoked the court’s supplemental jurisdiction over the ciarais arising from the alleged violations of Ms constitutional rights under the Commonwealth’s Constitution and for damages under the Commonwealth’s tort statute, to wit, Article 1802 of the Puerto Rico Civil Code, P.R. Laws ANN. tit. 31, § 5141. Id.

On September 30, 2014, the court dismissed several claims upon defendants’ request and only the claims for malicious prosecution under the Fourth Amendment, the conspiracy claims, and the related supplemental state law claims remain. See Docket No. 153.

The defendants now seek summary dismissal of all pending claims (Docket No. [282]*28289), which the Plaintiff opposes (Docket No. 128). Also before the court is defendants’ reply (Docket No. 137).

II. STANDARD OF REVIEW

A motion for summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure, which entitles a party to judgment if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). To be successful in its attempt, the moving party must demonstrate the absence of a genuine issue as to any outcome-determinative fact in the record, see DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir.1997), through definite and competent evidence. See Maldonado-Denis v. Castillo-Rodriguez, 23 F.3d 576, 581 (1st Cir.1994). Once the movant has averred that there is an absence of evidence to support the non-moving party’s case, the burden shifts to the non-movant to establish the existence of at least one fact in issue that is both genuine and material. See Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990) (citations omitted). “A dispute is genuine if the evidence about the fact is such that a reasonable jury could resolve the point in favor of the non-moving party.” Prescott v. Higgins, 538 F.3d 32, 40 (1st Cir.2008) (citing Thompson v. Coca-Cola Co., 522 F.3d 168, 175 (1st Cir.2008)); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Calero-Cerezo v. U.S. Dep’t of Justice, 355 F.3d 6, 19 (1st Cir.2004) (stating that an issue is genuine if it can be resolved in favor of either party). In order for a disputed fact to be considered material it must have the potential “to affect the outcome of the suit under the governing law.” Sands v. Ridefilm Corp., 212 F.3d 657, 660-61 (1st Cir.2000) (citing Liberty Lobby, Inc., 477 U.S. at 247-248, 106 S.Ct. 2505); Prescott, 538 F.3d at 40 (citing Maymi v. P.R. Ports Auth., 515 F.3d 20, 25 (1st Cir.2008)).

If the non-movant generates uncertainty as to the true state of any material fact, the movant’s efforts should be deemed unavailing. See Suarez v. Pueblo Int'l, 229 F.3d 49, 53 (1st Cir.2000). Nonetheless, the mere existence of “some alleged factual dispute between the parties will not affect an otherwise properly supported motion for summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, “summary judgment may be appropriate if the nonmoving party rests merely upon conclusory allegations, improbable inferences, and unsupported speculation.” Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990).

At the summary judgment juncture, the court must examine the facts in the light most favorable to the non-movant, indulging that party with all possible inferences to be derived from the facts. See Rochester Ford Sales, Inc. v. Ford Motor Co., 287 F.3d 32, 38 (1st Cir.2002). The court must review the record “taken as a whole,” and “may not make credibility determinations or weigh the evidence.” Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 135, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). This is so, because credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge. Id.

III. DISCUSSION

A. Section 1983

Section 1983 “provides a remedy for deprivations of rights secured by the Constitution and laws of the United States when that deprivation takes place under color of any statute, ordinance, regulation, [283]*283custom, or usage, of any State or Territory.” Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922, 924, 102 S.Ct. 2744, 73 L.Ed.2d 482 (1982) (internal quotation marks omitted). To prevail in a Section 1983 claim, a plaintiff “must allege facts sufficient to support a determination (i) that the conduct complained of has been committed under color of state law, and (ii) that [the alleged] conduct worked a denial of rights secured by the Constitution or laws of the United States.” Cepero-Rivera v. Fagundo, 414 F.3d 124, 129 (1st Cir.2005) (quoting Romero-Barcelo v. Hernandez-Agosto,

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Cite This Page — Counsel Stack

Bluebook (online)
170 F. Supp. 3d 276, 2016 WL 1085226, 2016 U.S. Dist. LEXIS 37672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-morales-v-rubio-paredes-prd-2016.