Paret-Ruiz v. United States

847 F. Supp. 2d 289, 2012 WL 718969, 2012 U.S. Dist. LEXIS 29541
CourtDistrict Court, D. Puerto Rico
DecidedMarch 6, 2012
DocketCivil No. 11-1404 (GAG)
StatusPublished
Cited by3 cases

This text of 847 F. Supp. 2d 289 (Paret-Ruiz v. United States) 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
Paret-Ruiz v. United States, 847 F. Supp. 2d 289, 2012 WL 718969, 2012 U.S. Dist. LEXIS 29541 (prd 2012).

Opinion

OPINION AND ORDER

GUSTAVO A. GELPÍ, District Judge.

Plaintiff Jorge A. Paret-Ruiz (“Plaintiff’) brings this action against the United States of America (“USA”) and the Drug Enforcement Agency (“DEA”) (collectively “Defendants”) seeking damages for his arrest, prosecution and imprisonment. (See Docket No. 1 at ¶ 5.) Presently before the court is Defendants’ motion to dismiss (Docket No. 10), which argues sovereign immunity bars Plaintiffs action against the USA and DEA, the DEA is an improper defendant, the action is barred by the statute of limitations, and the issuance of a grand jury indictment shields the government from a malicious prosecution claim. Plaintiff responded to this motion at Dock[291]*291et No. 13. After reviewing these submissions and the pertinent law, the court GRANTS IN PART and DENIES IN PART Defendants’ motion to dismiss.

I. Standard of Review

“The general rules of pleading require a short and plain statement of the claim showing that the pleader is entitled to relief.” Gargano v. Liberty Intern. Underwriters, Inc., 572 F.3d 45, 48 (1st Cir. 2009) (citations omitted) (internal quotation marks omitted). “This short and plain statement need only ‘give the defendant fair notice of what the ... claim is and the grounds upon which it rests.’ ” Id. (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)).

Under Rule 12(b)(6), a defendant may move to dismiss an action against him for failure to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). To survive a Rule 12(b)(6) motion, a complaint must contain sufficient factual matter “to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570, 127 S.Ct. 1955. The court must decide whether the complaint alleges sufficient facts to “raise a right to relief above the speculative level.” Id. at 555, 127 S.Ct. 1955. In so doing, the court accepts as true all well-pleaded facts and draws all reasonable inferences in the plaintiffs favor. Parker v. Hurley, 514 F.3d 87, 90 (1st Cir.2008). However, “the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. (citing Twombly, 550 U.S. at 555, 127 S.Ct. 1955). “[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged-but it has not ‘show[n]’ — ‘that the pleader is entitled to relief.’ ” Iqbal, 556 U.S. 662, 129 S.Ct. at 1950 (quoting Fed.R.Civ.P. 8(a)(2)).

II. Factual and Procedural Background

On August 9, 2005, an indictment was returned against Plaintiff, Efrain SantanaOritz (“Santana”) and Adalberto Coriano-Aponte (“Coriano”) for conspiracy to import with the intent to distribute and possession with intent to distribute five or more kilograms of cocaine. (See Docket No. 1 at ¶ 24.) Plaintiff was arrested on August 12, 2005. (See id. at ¶ 25.) During his arrest, Plaintiff claims he was physically abused and suffered injuries necessitating five stitches to his right eyebrow. (See id. at ¶ 28.) The indictment included a count of forfeiture to obtain Plaintiffs 1999 Ford F-550 flat bed tow truck, 1995 Dodge RAM 2500 pickup truck, and 1996 Sea Hawk vessel and trailer. (See Docket No. 10 at 5.) The Sea Hawk vessel and trailer and the Ford F-550 tow truck were administratively forfeited on March 10, 2006. (See id.) The Dodge Ram 2500 was administratively forfeited on March 16, 2006. (See id.)

According to the present complaint, the events leading to the indictment and arrest are as follows. In 2003, a confidential informant of the Federal Bureau of Investigation (“FBI”) was approached by Plaintiff, who was supposedly interested in purchasing a boat in order to transport drugs to Puerto Rico. (See Docket No. 1 at ¶ 8.) The FBI made initial contact and subsequently informed the DEA. After the DEA took over the investigation, Plaintiff maintained a relationship with undercover DEA agents. (See Docket No. 1 at ¶ 13.) DEA agents wanted to discuss Plaintiffs poten[292]*292tial purchase of a boat to transport drugs in a deal with his supposed contacts with cocaine dealers. (See id. at 13.) However, Plaintiff denies in his complaint, Defendants’ allegation that he later discussed the transportation of drugs with Santana and undercover agents. (See id. at ¶ 21.)

At all times, Plaintiff maintains he was not interested in purchasing a boat for any illegal purpose. (See id. at 13.) However, Plaintiff alleges that at one point, after much harassing and cajoling by a DEA agent, Plaintiff responded that he would like to purchase the boat. (See id. at ¶ 10.) Plaintiff claims Defendants promoted and encouraged his drunken state in order to get him to agree to the purchase. (See Docket No. 1 at ¶¶ 8-10.) Plaintiff claims he fabricated stories that he knew individuals who were interested in trafficking drugs in hopes that Defendants would stop asking him about drugs and drug trafficking. (See id. at ¶ 16.) Plaintiff claims that, in an attempt to dissuade Defendants from asking him to take part in drug transactions, he stated he would only participate for extremely high sums of money. (See id. at ¶ 20.) Plaintiff denies any implication that he was interested in the boat for the purposes of transporting drugs. (See id. at ¶ 13.) At some point, DEA agents loaned Plaintiff money. (See Docket No. 1 at ¶ 17.) While Plaintiff denies the money was to be used to purchase drugs, Defendants’ claimed the money was for the purchase of drugs in Antigua. (See id.)

Plaintiff was criminally tried for the two counts listed in the indictment. (See Docket No. 1 at ¶ 26.) Plaintiff claims Defendants made many false statements throughout the course of the trial. (See Docket No. 31.) Plaintiff was subsequently found guilty of both charges and sentenced to 180 months in prison. (See id. at ¶¶ 26 & 31.) Plaintiff rejected an offer by the government for a reduced sentence in return for a waiver of his right to appeal. (See id. at ¶ 33.)

Upon entering the federal correction institution, Plaintiff states he was harassed and threatened. (See Docket No. 1 at ¶ 30.) Plaintiff claims Agent Moreno (“Moreno”), an agent of Defendants, gave instructions to other inmates to make Plaintiffs “life miserable in confinement.” (See id.) This command by Moreno supposedly led to regular beatings, provocations and harassment suffered by Plaintiff while he was incarcerated. (See id.)

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Cite This Page — Counsel Stack

Bluebook (online)
847 F. Supp. 2d 289, 2012 WL 718969, 2012 U.S. Dist. LEXIS 29541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paret-ruiz-v-united-states-prd-2012.