Reyes-Reyes v. Toledo-Davila

860 F. Supp. 2d 152, 2012 WL 1739579, 2012 U.S. Dist. LEXIS 69247
CourtDistrict Court, D. Puerto Rico
DecidedMay 17, 2012
DocketCivil No. 10-1565 (SEC)
StatusPublished
Cited by1 cases

This text of 860 F. Supp. 2d 152 (Reyes-Reyes v. Toledo-Davila) 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
Reyes-Reyes v. Toledo-Davila, 860 F. Supp. 2d 152, 2012 WL 1739579, 2012 U.S. Dist. LEXIS 69247 (prd 2012).

Opinion

OPINION AND ORDER

SALVADOR E. CASELLAS, Senior District Judge.

Before the Court are co-defendants’ motion for summary judgment (Docket # 54), plaintiffs’ opposition thereto (Docket # 67), co-defendants’ reply (Docket # 77), and [155]*155plaintiffs’ sur-reply (Docket # 82). After reviewing the filings and the applicable law, co-defendants’ motion is GRANTED.

Factual and Procedural Background

This federal question suit stems from the alleged unlawful obtainment of a search warrant directed at plaintiffs’ residence and vehicle. Specifically, plaintiffs Louis Reyes-Reyes, and his son, Louis Reyes-Hernandez (collectively, Plaintiffs), bring this action under 42 U.S.C. § 1983, alleging violations of the Fourth Amendment right to be free from unreasonable searches. They also set forth claims under articles 1802 and 1803 of the Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, §§ 5141-5142, as well as conspiracy claims under 42 U.S.C. §§ 1985-1986. The co-defendants are Agent Felix Benitez-Quiñones (“Benitez”), the state police officer who allegedly fabricated the “facts” asserted in support of the search warrant, and Pedro Toledo Davila (“Toledo”), the former chief of the Puerto Rico Police Department (the “PRDP”).1

The uncontested, material facts are as follows.2 At the time of the events giving rise to this litigation, Benitez worked for the PRPD as an agent assigned to the Illegal Weapons Division, carrying out confidential investigations regarding illicit trafficking. Docket # 71-1, p. 1. On September 19, 2007, an informer phoned Benitez with an anonymous confidence. SUF ¶ 1. This tipster informed Benitez that, at Jardines de Rio Grande (a development in Rio Grande, Puerto Rico), a “dark-skinned” male living in a “red-colored house with french windows” (the “House”) trafficked in controlled substances and illegal firearms. Id., ¶¶ 1-2. According to the anonymous informant, this individual drove a black Toyota Tacoma with license plate # 821-144 (the “Tacoma”). Id., ¶ 3.

Armed with such information, Benitez immediately discussed it with his supervisor, who instructed Benitez to further investigate the matter. Id., ¶ 4. Accordingly, that same day at around 2:30pm, Benitez drove to the area in question and parked his unmarked car inconspicuously near the House, but having witnessed no illicit activity, left after several minutes of surveillance. Id., ¶ 5. The next day, at around 4:20pm, Benitez returned to the scene, parking his undercover car nearby the House. Id., ¶ 6. This time, however, he saw a “brownskinned male” (the “Individual”) exiting [156]*156the House. But because he saw no further suspicious or illegal activity, he departed. Id., ¶ 7.

According to Benitez’s warrant affidavit, on September 21, 2007 at around 9:30pm, he returned to the area in question, when he observed the Tacoma arrive and park in front of the House. Id., ¶ 8.3 Benitez then witnessed the Tacoma driver as he exited the vehicle and headed inside the House. Id., ¶ 9. Then, the Individual left the House, walked towards the Tacoma, opened the driver’s side door, and bent over looking under the seat. Id. He next observed the Individual “take a black pistol out of the [Tacoma] and rapidly put in his right pocket____” Id. After various minutes, Benitez abandoned the scene. Id.

At around 9:30pm on September 23, 2007, Benitez returned to the location. Id., ¶ 10. He again spotted the Individual as he left the House. Shortly thereafter, a white Toyota Corolla arrived and parked in front of the House. Id., ¶ 11. According to Benitez’s testimony, the Corolla driver and the Individual shook hands and proceeded to walk inside the House. Id., ¶ 12.4 After several minutes, Benitez observed as both men exited the House, seeing the Corolla driver holding a “clear plastic bag in his right had, which had smaller plastics bags inside with a white powder.” Id., ¶ 13.

Benitez resumed surveillance on September 25, 2007 at around 6:30pm. Id., ¶ 15. After some time, he observed the white Corolla from his previous stakeout (being driven by the same driver from two nights previously) park in front of the House. Id., ¶ 16. According to Benitez, he then witnessed the Individual leave the House, go back inside briefly, and exit “with a black handbag.” Id., ¶ 17. The Individual then gave the black handbag to the driver, who “pull[ed] out from the handbag a nickel-colored revolver, look[ed] at it, and put[] it back inside the bag.” Id., ¶¶ 17-18.

After both men left the scene, Benitez reported back to his supervisor regarding what he had seen; the latter in turn instructed Benitez to refer the case to the district attorney’s office. Id., ¶ 20; Docket # 71-1, p. 2. Upon Benitez’s referral, on September 26, 2007, the Puerto Rico Department of Justice authorized Benitez to request a search warrant for firearms and controlled substances. Docket # 71-2, p. 1; SUF ¶ 20. That same day, a state court judge, after finding probable cause, issued two search warrants: the first authorized a search of the House, while the second gave way for a search of the Tacoma. Id., ¶¶ 21-22. On October 4, 2007, the PRDP executed the search warrants, which yielded a negative result; that is, neither controlled substances nor illegal firearms were found Id., ¶ 23.

The owner of the House turned out to be Reyes-Reyes. Needless to say, neither Reyes-Reyes nor his son were arrested as a result of the search, and no criminal charges were brought against them. Id., ¶ 24. Neither Reyes-Reyes nor Benitez [157]*157knew each other nor did they have a quarrel. Id., ¶¶ 26-27. And, moreover, Benitez had no brawl with any other agent from the Illegal Weapons Division of the PRDP.

As a result of this mixup, Plaintiffs filed suit on June 21, 2010, alleging that Benitez committed “perjury” in order to obtain the search warrants (Docket # 1). They further contend that Benitez “maliciously and wilfully” violated their constitutional rights to be free from illegal and unreasonable searches and seizures. Averring deprivation of sleep, loss of reputation, humiliation, mental anguishes, emotional distress, and “mental illnesses,” they claim damages in excess of five million dollars. Id.

After discovery and other procedural nuances, Benitez and Toledo moved for summary judgment, requesting dismissal of Plaintiffs’ complaint (Docket # 52). In support of their contentions, they argue that (1) Plaintiffs have failed to state a supervisory liability claim against Toledo; (2) Plaintiffs have marshaled no evidence to support their conspiracy claims; and (3) Benitez is entitled to qualified immunity. Id.

Devoting their entire motion to arguing that genuine issues of material fact preclude Benitez’s qualified immunity, Plaintiffs oppose. But they mount no defense whatsoever (not even an argument in passing) to co-defendants’ contentions regarding the claim against Toledo and the conspiracy allegations. In fact, their motion in opposition is devoid of any discussion and supporting authorities, see D.P.R. Civ. R.

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Bluebook (online)
860 F. Supp. 2d 152, 2012 WL 1739579, 2012 U.S. Dist. LEXIS 69247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reyes-reyes-v-toledo-davila-prd-2012.