Iglecia v. Serrano

882 F. Supp. 26, 1995 U.S. Dist. LEXIS 5348, 1995 WL 234500
CourtDistrict Court, D. Puerto Rico
DecidedApril 18, 1995
DocketCiv. No. 95-1471 (HL)
StatusPublished
Cited by1 cases

This text of 882 F. Supp. 26 (Iglecia v. Serrano) 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
Iglecia v. Serrano, 882 F. Supp. 26, 1995 U.S. Dist. LEXIS 5348, 1995 WL 234500 (prd 1995).

Opinion

OPINION AND ORDER

LAFFITTE, District Judge.

Before the Court is a petition by plaintiff Rolando R. Silva Igleeia for a temporary restraining order (“TRO”).

BACKGROUND

Plaintiff is a member of the Senate of the Commonwealth of Puerto Rico. Defendants are members of the Panel for the Special Independent Prosecutor (“SIP”). On October 15, 1992, the Secretary of Justice of the Commonwealth of Puerto Rico recommended to the SIP panel that a special independent prosecutor be appointed to investigate whether plaintiff Silva had his Senate employees perform non-legislative work during the years 1986-1991. On October 30, 1992, under P.R.Laws Ann. tit. 3, § 99k, plaintiff requested that the SIP panel not follow the recommendation made by the Secretary to appoint a special prosecutor. Plaintiff also [28]*28requested access to the information under the custody of the SIP panel regarding the allegations. This request was denied by the SIP panel.

On February 12, 1993, the SIP panel decided that a special independent prosecutor be appointed to investigate plaintiffs case, and appointed Frederico Torres Jiménez. Plaintiff then filed a motion for reconsideration on February 18, 1993, alleging that his constitutional right to due process had been violated and again requesting access to the information held by the SIP panel. On March 4, 1993, the panel refused plaintiffs request. Four days later, plaintiff filed another motion for reconsideration arguing that he had not been given an opportunity to rebut the allegations made against him or to present his own evidence. Again, the panel denied plaintiffs request.

On April 2,1993, plaintiff filed an action in Superior Court of the Commonwealth of Puerto Rico to review the SIP panel’s decision to appoint an SIP. On October 6, 1993, the Superior Court decided in favor of plaintiff, ordering the panel to grant plaintiff access to the information thereby providing for a meaningful review of the panel’s decision. The Superior Court also ordered that the SIP panel hold a hearing. Defendants appealed the court’s decision to the Supreme Court of Puerto Rico, which on January 24, 1995, reversed the lower court’s decision. Silva Iglecia v. Panel on the Special Indep. Prosecutor, 95 J.T.S. 8 (1995).

Plaintiff requests this Court to enjoin defendants from pursuing the case against plaintiff any further pending the release of all information considered by the SIP panel in its determination to appoint a special independent prosecutor. Also, plaintiff requests this Court to order the SIP panel to provide a hearing to plaintiff to challenge the panel’s decision to appoint an SIP. Plaintiff further requests a declaratory judgment by this Court that the failure to provide plaintiff with the information considered by the SIP panel in its decision to appoint an SIP violates the due process clause and the equal protection clause of the Fifth and/or the Fourteenth Amendment to the United States Constitution. Finally, plaintiff claims damages. Plaintiff alleges that the special independent prosecutor will be filing criminal charges against plaintiff at any moment. And plaintiff contends that the filing of said charges will harm his personal and political reputation.

DISCUSSION

Federal courts may not enjoin state court proceedings except under extraordinary circumstances. Younger v. Harris, 401 U.S. 37, 41, 91 S.Ct. 746, 749, 27 L.Ed.2d 669 (1971). State court proceedings, under Younger, include state criminal investigations as well as prosecutions. Rockwell Int’l Corp. v. United States, 723 F.Supp. 176, 177 (D.D.C.1989) (citing Younger v. Harris, supra; Bokulich v. Jury Comm’n of Greene County, 394 U.S. 97, 98, 89 S.Ct. 767, 768, 22 L.Ed.2d 109 (1969); Spielman Motor Sales Co. v. Dodge, 295 U.S. 89, 55 S.Ct. 678, 79 L.Ed. 1322 (1935)). “Younger v. Harris contemplates the outright dismissal of the federal suit, and the presentation of all claims, both state and federal, to the state courts.” Gibson v. Berryhill, 411 U.S. 564, 577, 93 S.Ct. 1689, 1697, 36 L.Ed.2d 488 (1973).

The underlying reason for Younger abstention is “the notion of ‘comity,’ that is, a proper respect for state functions.... ” Younger, 401 U.S. at 44, 91 S.Ct. at 750. Specifically, Justice Black noted that this doctrine of “Our Federalism” represents

a system in which there is a sensitivity to the legitimate interests of both State and National Governments, and in which the National Government, anxious though it may be to vindicate and protect federal rights and federal interests, always endeavors to do so in ways that will not unduly interfere with the legitimate activities of the States.

Id. at 44, 91 S.Ct. at 750-51.

Under Younger, a plaintiff seeking to enjoin a state court criminal prosecution must demonstrate not only that he is faced with an irreparable injury, but that this irreparable injury is “both great and immediate.” Id. at 46, 91 S.Ct. at 751 (citing Fenner v. Boykin, 271 U.S. 240, 46 S.Ct. 492, 70 L.Ed. 927 (1926)). “[T]he threat to the plain[29]*29tiffs federally protected rights must be one that cannot be eliminated by his defense against a single criminal prosecution.” Younger, 401 U.S. at 46, 91 S.Ct. at 751 (citations omitted). Federal intervention would be acceptable, however, if plaintiff could prove that the pending state court criminal proceeding involved flagrant and patent constitutional violations or if plaintiff showed the existence of “bad-faith, harassment, or any other unusual circumstance that would call for equitable relief.” Id. at 54, 91 S.Ct. at 755.

The Younger doctrine has been extended to state civil proceedings. Casa Marie, Inc. v. Superior Court of Puerto Rico, 988 F.2d 252, 262 (1st Cir.1993) (“Except in the most extraordinary cases, a federal court must presume that state courts, consistent with the imperatives of the Supremacy Clause, ... are fully competent to adjudicate federal constitutional and statutory claims properly presented by the parties.” (footnote and citations omitted)); Huffman v. Pursue, Ltd., 420 U.S. 592, 607, 95 S.Ct. 1200, 1209-1210, 43 L.Ed.2d 482 (1975); Juidice v. Vail, 430 U.S. 327, 97 S.Ct. 1211, 51 L.Ed.2d 376 (1977); Trainor v. Hernandez, 431 U.S. 434, 97 S.Ct. 1911, 52 L.Ed.2d 486 (1977); Moore v. Sims, 442 U.S. 415, 423, 99 S.Ct. 2371, 2377, 60 L.Ed.2d 994 (1979). The Younger doctrine has also been extended to state administrative and disciplinary decisions. See Ohio Civil Rights Comm’n v. Dayton Christian Schools, Inc., 477 U.S. 619, 627-28, 106 S.Ct. 2718, 2723, 91 L.Ed.2d 512 (1986);

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Bluebook (online)
882 F. Supp. 26, 1995 U.S. Dist. LEXIS 5348, 1995 WL 234500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iglecia-v-serrano-prd-1995.