Llanos-Morales v. Municipality of Carolina

967 F. Supp. 2d 507, 2013 WL 4775610, 2013 U.S. Dist. LEXIS 127745
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 6, 2013
DocketCivil No. 12-1847(ADC)
StatusPublished
Cited by1 cases

This text of 967 F. Supp. 2d 507 (Llanos-Morales v. Municipality of Carolina) 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
Llanos-Morales v. Municipality of Carolina, 967 F. Supp. 2d 507, 2013 WL 4775610, 2013 U.S. Dist. LEXIS 127745 (prd 2013).

Opinion

OPINION AND ORDER

AIDA M. DELGADO-COLÓN, Chief Judge.

This civil rights action, brought pursuant to 42 U.S.C. § 1983 (“section 1983”) and various Commonwealth of Puerto Rico laws, is the latest in a long line of cases in which residents of Puerto Rico allege excessive force by a police officer. Alberto Llanos-Morales (“Alberto”), his sister Jennifer Llanos-Morales (“Jennifer”), and [509]*509several of their relatives1 (collectively, “plaintiffs”) allege that Freddie Márquez-Vergara (“Márquez”), Rubén Moyano-Cintrón, (“Moyano”), and José Aponte-Dalmau (“Aponte”) (collectively, “supervisory defendants”), their subordinate, police officer Pedro Agosto-Jiménez (“Agosto”), and the Municipality of Carolina (“Municipality”) violated plaintiffs’ rights under the Fourth, Fifth, and Fourteenth amendments to the United States Constitution when Agosto shot Alberto in the stomach after declaring he was a police officer preventing a suspect from fleeing the scene of an accident. ECF No. 1 at ¶ 3.3.

Before the Court is the Municipality’s motion to dismiss (ECF No. 10), the supervisory defendants’ motion to dismiss (ECF No. 11), the plaintiffs’ response to the motions to dismiss (ECF No. 19), and Aponte and the Municipality’s reply thereto (ECF No. 22). Moyano and Márquez’s moved to join both motions to dismiss (ECF No. 17), and the Court granted their motion (ECF No. 18). The issues in dispute are whether the plaintiffs plausibly plead that defendant Agosto acted under the color of state law and whether plaintiffs plausibly plead supervisory liability. For the reasons discussed below, both motions to dismiss (ECF Nos. 10,11) are DENIED.

I. Factual History

The following facts, which are alleged in the complaint (ECF No. 1), are taken as true. See Marrero-Rodríguez v. Municipality of San Juan, 677 F.3d 497, 500 (1st Cir.2012).

As of October 10, 2012, Agosto was an officer with the Carolina Municipal Police. ECF No. 1 at ¶ 2.9. While Agosto was with the Carolina Municipal Police, Márquez was its Commissioner, Moyano was its Captain, and Aponte was the Mayor of Carolina. Id. at ¶ 2.5. Collectively, the supervisory defendants were responsible for “overseeing compliance with constitutional standards” and implementing policies to curb the excessive use of force. Id. at ¶ 2.6. They were responsible for “training, evaluation, supervision, conduct, and discipline.” Id. at ¶ 2.6. The supervisory defendants were tasked with addressing complaints filed against their subordinate officers, such as Agosto. Id. at ¶ 2.7. In his capacity as mayor, Aponte had final authority to resolve complaints and oversee selection, retention, training, evaluation, and discipline of police officers. Id. at ¶ 2.10.

Agosto told the State Insurance Fund that he developed a “nervous condition.” Id. at ¶ 3.8. Agosto had also been the subject of several complaints for excessive use of force. Id. Each of the supervisory defendants knew of Agosto’s nervous condition and the previous complaints lodged against him. Id. at ¶ 3.9. As a result of Agosto’s medical condition and disciplinary record, the supervisory defendants reassigned him from his previous role patrolling the streets to a desk job. Id. at ¶ 3.9. The supervisors did not take away his service weapon or otherwise discipline him. Id. at ¶ 3.9. Plaintiffs further allege that the supervisory defendants should have known of the need to provide additional training in light of Agosto’s behavior, but failed to take necessary precautionary steps. Id.

[510]*510On October 10, 2011, Alberto was driving along Route 874 in Carolina, Puerto Rico, with Jennifer as a passenger. ECF No. 1 at ¶ 3.1. Agosto, who was off duty and not in uniform, was also driving his personal vehicle in the area.2 Around 2:45 pm, near Route 874’s intersection with Sánchez Castaño street, Alberto and Agosto were involved in a car accident. Id.

Alberto pulled over and got out of his car to inspect the vehicles. Id. Agosto also left his car and “started to rant and curse at Alberto.” Id. Alberto told Agosto he was going to move his car to a side street and proceeded to do so. Id. at ¶ 3.2. Agosto got back in his car, drove it past Alberto and Jennifer’s vehicle, and cut their car off, blocking its path. Id. Agosto then exited his car, walked over to Alberto’s car, drew his gun, and aimed it at Jennifer. Id.

In response, Alberto left his car, asked Agosto why he drew his weapon, and told him not to point it at them. Id. at ¶ 3. Agosto “told Alberto that he was a Carolina Municipal Police Officer and that he was preventing him from fleeing the scene of the accident.” Id. Alberto explained that he was moving his car to a less congested area and that there was no need for Agosto to take out his weapon and resort to violence. Id. Agosto then trained his weapon on Alberto. Id. Alberto asked if he was going to shoot him. Id. Agosto shot Alberto in the abdomen and fled the scene. Id.

Jennifer then drove Alberto in her car to the Carolina Centro de Diagnóstico y Tratamiento, and an ambulance took him first to the University of Puerto Rico Hospital in Carolina and then to the Rio Piedras Medical Center. Id. at ¶ 3.4. After undergoing emergency surgery, Alberto fell into coma for two weeks. Id. at ¶ 3.5. Alberto had exploratory surgery, surgical reconstruction of his abdomen, a colostomy, skin grafts, and blood transfusions and spent a total of 43 days in the hospital. Id. In June of 2012, Alberto underwent additional surgery to revert the previous colostomy. Id. at ¶ 3.6. For six months, Alberto carried a bag that collected his excrement. Id. His recovery is currently incomplete, as he suffers from a “partial permanent disability” and scars. Id. Plaintiffs estimate Alberto incurred at least $500.00 in medical costs and $1,260.00 a month in lost wages. Id. at ¶ 3.7.

II. Fed.R.Civ.P. 12(b)(6) Motions to Dismiss

To survive a motion to dismiss for failure to state a claim, a complaint “must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Gianfrancesco v. Town of Wrentham, 712 F.3d 634, 638 (1st Cir.2013) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). A claim is facially plausible when the plaintiff pleads facts that permit a court to draw the reasonable inference that the defendant is hable for the alleged wrongdoing by “more than a sheer possibility.” Air Sunshine, Inc. v. Carl, 663 F.3d 27, 33 (1st Cir.2011) (quoting Iqbal, 556 U.S. at 678, 129 S.Ct. 1937).

In evaluating a complaint, a court takes all well-pleaded allegations as true and draws inferences in the plaintiffs favor but discards threadbare recitations of the elements and unsupported legal conclusions.

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Cite This Page — Counsel Stack

Bluebook (online)
967 F. Supp. 2d 507, 2013 WL 4775610, 2013 U.S. Dist. LEXIS 127745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/llanos-morales-v-municipality-of-carolina-prd-2013.