Perkins v. Penagaricano-Soler

610 F. Supp. 94
CourtDistrict Court, D. Puerto Rico
DecidedMay 14, 1985
DocketCiv. Nos. 84-2274 GG, 85-0138 GG
StatusPublished
Cited by3 cases

This text of 610 F. Supp. 94 (Perkins v. Penagaricano-Soler) 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
Perkins v. Penagaricano-Soler, 610 F. Supp. 94 (prd 1985).

Opinion

610 F.Supp. 94 (1985)

Oswald Evan PERKINS, et al., Plaintiffs,
v.
Juan Tomás PEÑAGARÍCANO SOLER, et al., Defendants.

Civ. Nos. 84-2274 GG, 85-0138 GG.

United States District Court, D. Puerto Rico,

May 14, 1985.

*95 *96 Oswald Evan Perkins Leverock, Ada F. Perkins, pro se and for other plaintiffs.

C.A. Chavier Stevenson, San Juan, P.R., for defendants.

OPINION AND ORDER

GIERBOLINI, District Judge.

These are actions brought pursuant to Title 42 U.S.C. §§ 1983, 1985 and 1986 alleging certain violations of plaintiffs' due process rights guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution. Jurisdiction is invoked under Title 28 U.S.C. § 1343.

I

The present controversy and the underlying factual background are very simple, in spite of the legal verbiage in which they have been clothed. Plaintiff, Oswald E. Perkins and others (Perkins) filed two tort actions in the Superior Court of Puerto Rico, San Juan Part, against several parties and their insurance companies as a result of an automobile accident that produced the death of Perkins' daughter. Those actions were later consolidated.

For the prosecution of one of the actions, Civil Case No. 80-6385, Perkins, himself an attorney, engaged the services of attorney Juan Tomás Peñagarícano, Jr. (Peñagarícano). Due to certain conflicts concerning legal strategy, problems soon developed between Perkins and Peñagarícano which climaxed in the withdrawal of the latter's legal representation. At that time Superior Court Judge Edna Abruña, a co-defendant here, provided in a resolution approving the withdrawal of legal representation, that payment of attorney's fees would be made at the time of adjudication of the case. Almost a year later a settlement was reached with Antilles Insurance Company, a co-defendant in Civil Case No. 83-589. In the judgment approving the stipulation, Superior Court Judge Marcos A. Rodríguez Estrada, also a codefendant here, provided that the settlement funds be consigned in the clerk's office until a complete general release in the benefit of the insurance company was filed and a determination was made regarding Peñagarícano's fees in the companion case, Civil No. 80-6385.

Thereafter, Perkins filed another suit in the Superior Court, San Juan Part, Civil Case No. 84-3365, seeking judgment declaring that Peñagarícano was not entitled to any attorney's fees. Perkins also requested the vacating of the resolution entered by Judge Abruña providing that payment of attorney's fees be made upon adjudication of the case. This request was denied by co-defendant Superior Court Judge William Fred Santiago.

In consolidated cases 80-6385 and 83-589, a hearing for the determination of the amount to be awarded as attorney's fees to Peñagarícano has been scheduled. Pending the hearing, co-defendant Superior Court Judge Luzgarda Vázquez de Santiago ordered that the funds deposited by the insurance company in the clerk's office of the state court be placed in a savings certificate at a banking institution offering the highest interest rates.

Dissatisfied with the determination that Peñagarícano had a right to be awarded attorney's fees in Civil Case No. 80-6385, Perkins has filed the present civil right actions in this court seeking damages against Peñagarícano and all of the superior court judges who had any intervention during the course of those judicial proceedings.[1]*97 Plaintiffs argue, in synthesis, that the defendant judges, separately and in concert with Peñagarícano, conspired to grant him attorney's fees in Civil Case No. 80-6385. It is further alleged that the judicial actions were taken without jurisdiction since in the absence of a written contract between plaintiffs and Peñagarícano for the latter's professional services, the fees should have been the subject of a separate action pursuant to Title 31 L.P. R.A. § 4111. All this was purportedly done with the specific intention of favoring Peñagarícano, who is an "Ad Interin Judge",[2] while discriminating against plaintiffs and depriving them of their property rights without due process.

Noting several jurisdictional deficiencies in plaintiffs' original complaint, we issued an order to show cause why Civil Case No. 84-2274 should not be dismissed. Plaintiffs filed a response and tendered an amended complaint which failed to cure the maladies alluded to in our order. Various defendants have filed motions to dismiss alleging, inter alia, failure to state a claim, judicial immunity and res judicata.

II

Crucial to plaintiffs' cause of action under 42 U.S.C. § 1983 is the intended use of a civil right action to interfere with ongoing state proceedings.

A

The Supreme Court has long acknowledged the competence of state courts to adjudicate federal constitutional claims. Robb v. Connelly, 111 U.S. 624, 637, 4 S.Ct. 544, 551, 28 L.Ed. 542 (1884). See also, Sumner v. Mata, 449 U.S. 539, 549, 101 S.Ct. 764, 770, 66 L.Ed.2d 722 (1981); Allen v. McCurry, 449 U.S. 90, 105, 101 S.Ct. 411, 420, 66 L.Ed.2d 308 (1980); Swain v. Pressley, 430 U.S. 372, 383, 97 S.Ct. 1224, 1230, 51 L.Ed.2d 411 (1977); and has also established that state courts are the principal expositors of state law. Moore v. Sims, 442 U.S. 415, 429, 99 S.Ct. 2371, 2380, 60 L.Ed.2d 994 (1979). The seminal case of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971) dictated a strong federal policy requiring federal courts to abstain from interfering with pending state criminal proceedings unless the plaintiff could demonstrate bad faith, harassment or any other extraordinary circumstances justifying immediate relief. The Younger rationale is now fully applicable to noncriminal judicial proceedings involving important state interests. Middlesex Ethics Comm. v. Garden State Bar Ass'n., 457 U.S. 423, 432, 102 S.Ct. 2515, 2521, 73 L.Ed.2d 116 (1982); Moore, supra, 442 U.S. at 423, 99 S.Ct. at 2377; Huffman v. Pursue, Ltd., 420 U.S. 592, 604-605, 95 S.Ct. 1200, 1208, 43 L.Ed.2d 482 (1975), reh. denied, 421 U.S. 971, 95 S.Ct. 1969, 44 L.Ed.2d 463 (1975).

To allow federal intervention absent extraordinary circumstances would deprive the state of its legitimate function "of overseeing trial court dispositions of constitutional issues which arise in civil litigation over which they have jurisdiction." Huffman, supra, 420 U.S. at 609, 95 S.Ct. at 1210. Such interference would also result in duplicative proceedings which could be interpreted as reflecting negatively upon the state court's ability to enforce constitutional principles. Cf. Steffel v.

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