In re: Jesus Vargas Gordils v. Michelle Velez Vazquez, Francisco Velez Vazquez, Frances Velez Vazquez, Jose R. Carrion, Trustee, Registry of Property Mayaguez Registry; Justice Secretary for the Commonwealth of Puerto Rico

Opinion

1 IN THE UNITED STATES BANKRUPTCY COURT DISTRICT OF PUERTO RICO 2 IN RE: : 3 : JESUS VARGAS GORDILS : CASE: B-07-00296 ESL 4 : Debtor 5 : Chapter 13 JESUS VARGAS GORDILS : 6 : Plaintiffs : 7 : ADV. NO, 07-0324 Vv. : 8 : MICHELLE VELEZ VAZQUEZ, FRANCISCO : 9 || VELEZ VAZQUEZ, FRANCES VELEZ : VAZQUEZ, JOSE R. CARRION, TRUSTEE, 10 | REGISTRY OF PROPERTY MAYAGUEZ : REGISTRY; JUSTICE SECRETARY FOR : 11 | THE COMMONWEALTH OF PUERTO RICO — : 12 Defendant(s) : 13 MEMORANDUM AND ORDER 14 This adversary proceeding is before the court on the motion to dismiss filed by the Registrar 15 of the Mayaguez Property Registry based on the Eleventh Amendment to the U.S. Constitution, and 16 the opposition thereto filed by debtor/ plaintiff. Plaintiff opposes the motion to dismiss alleging that 17 the immunity afforded by the Eleventh Amendment to the U.S. Constitution is inapplicable to the 18 . present action as the complaint is not requesting damages against the Registrar, and “[t]he only relief 19 the plaintiff asks of the co-defendant, is for the Registry of the Property to comply with its 20 obligations to the Commonwealth of Puerto Rico and its constituents.” 21 The second amended complaint (dkt #23) seeks to determine the validity of a lien over 22 debtor’s residence and the extent of the lien. Plaintiff understands (See paragraph 4 of the second 23 amended complaint) that the Registrar “must be brought to the [this]” court’s jurisdiction. 24 The responsibilities of Registrars are found in 30 L.P.R.A. §2054. The statute provides that: 25 “The responsibility of the registrars for their actions in the 26 performance of their office shall be governed by existing provisions applicable to all other public officials. 27 Property registrars shall enjoy the same immunities enjoyed by judges with respect [to] their civil responsibility, in the performance 28 of their functions, without any prejudice to the liability that may correspond to the state.”

l Although judicial immunity may not bar a request for injunctive relief; Pullman v. Allen, 446 2 || U.S. 522, 104 S. Ct. 1970, 80 L. Ed. 2d 565 (1984); Adames v. Fagundo, 198 Fed. Appx. 20 (1* Cir 3 2006); there are no allegations in the second amended complaint stating that the Registrar has failed 4 || to comply with the duties and responsibilities of the office. To assume that the Registrar will not 5 |} comply with his/her statutory responsibilities unless he/she is anamed co-defendant is inappropriate. 6 It is a basic tenet of our system of justice that judicial officers must be free to decide 7 | controversies without fear of personal consequences, Stump v. Sparkman, 435 U.S. 349(1978), and 8 || are entitled to judicial immunity for their actions in furtherance of their judicial duties and 9 || responsibilities, unless performed in clear absence of all jurisdiction. Mireles v. Waco,502 U.S. 9, 11 10 } (1991); Forrester v. White, 484 U.S. 219, 227-229 (1988). The scope of subject matter jurisdiction 11 |; must be broadly construed. Stump, 435 U.S. at 356. A judge (Registrar) is entitled to judicial 12 immunity even if he or she acted in error, including whether or not the automatic stay provisions of 13 || 11 U.S.C. 362(a) are applicable to the controversy before said court (Registry). Kearns v. Orr, 161 14 | B.R. 701, 704(D. Kansas 1993). 15 Consequently, the second amended complaint is hereby dismissed as to co-defendant the 16 Registrar of the Mayaguez Property Registry. Partial judgment shall be entered accordingly. 7 SO ORDERED. _ , 18 In San Juan, Puerto Rico, this 13 “aay of November, 2008. 19 20 QUE 8. LAMOUTTE 21 ». Bankruptcy Judge 92}, 23 24 25 26 27 28 ~2-