Rodriguez-Vazquez v. Cintron-Rodriguez

160 F. Supp. 2d 204, 2001 U.S. Dist. LEXIS 13033, 2001 WL 964232
CourtDistrict Court, D. Puerto Rico
DecidedAugust 23, 2001
DocketNo. 00-1217(SEC)
StatusPublished
Cited by7 cases

This text of 160 F. Supp. 2d 204 (Rodriguez-Vazquez v. Cintron-Rodriguez) 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
Rodriguez-Vazquez v. Cintron-Rodriguez, 160 F. Supp. 2d 204, 2001 U.S. Dist. LEXIS 13033, 2001 WL 964232 (prd 2001).

Opinion

OPINION AND ORDER

CASELLAS, District Judge.

Pending before the Court is co-defendant Pedro Toledo-Dávila’s “Motion to Dismiss Pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure.” (Docket # 16). Plaintiff filed an opposition to this motion. (Docket # 23). For the reasons stated below, Defendant’s motion to dismiss is GRANTED and partial judgment shall be entered accordingly.

I. Background

This case was filed on February 18, 2000. (Dkt.# 1). It is a civil rights action for money damages filed by Plaintiff, Rafael Rodríguez-Vázquez (“Rodríguez”), against several officers from the Puerto Rico Police Department arising from an arrest without probable cause and beating. Plaintiff claims that on the night of November 6, 1996, after a general election in Puerto Rico, he was standing on a street corner next to the establishment Chicoman Pizza, on Muñoz-Rivera Street in Patillas, Puerto Rico, when some individuals — their identity unknown to Plaintiff — shouted to some police agents who were on duty at that time. (Dkt. # 1 ¶¶ 14-5). In response, Puerto Rico Police Agent Carlos J. Cintrón-Rodríguez (“Cintron”), a co-defendant in this case, allegedly approached Plaintiff and insulted him telling him that he would “get [him] some other time.” (Id. ¶ 15).

A few days thereafter, on November 10, 1996 at 8:30 p.m., while Plaintiff was exiting a grocery store in Patillas, he noticed that an unmarked blue Ford Explorer with dark tinted glasses arrived at the place and parked. Three police agents, wearing civil clothes, got out of the Ford Explorer [207]*207and “without any legal reason whatsoever, order [sic] plaintiff and other people who were there to put their hands over the vehicle.” (Id. at ¶ 16). Plaintiff alleged that co-defendant Cintrón was there and that, using obscene language, he told Plaintiff: “Remember that I told you I was going to get you, well I got you ...” (Id.). Cintrón then told Plaintiff that he was under arrest and proceeded to handcuff him. After Rodriguez was handcuffed, Cintrón allegedly hit him in' the face throwing him against an ice machine. Plaintiffs shirt was ripped in that throw. (Id. at ¶ 17).

Further, Plaintiff alleged that Cintrón and the other police officers — also co-defendants in this case — pushed and beat him up until he entered the Ford Explorer. Once in the Ford Explorer he was again hit in the face after he asked the police officers to loosen the handcuffs. (Id. at ¶ 16-7). Cintrón and the other police officers then took Rodriguez to the distant Guayama police station, so that he would have difficulty returning home. (Id. at ¶ 18).

Once in the police station, Cintrón again threatened Plaintiff and gave him “a citation for November 20, 1996.” (Id. at ¶ 19). Cintrón warned Rodriguez that depending on how Rodriguez dealt with the “situation” — meaning the beating and false arrest — he might consider “giving him an opportunity.” (Id.). At that point, Plaintiff asked what the arrest was for and he was told that it was the result of the alleged incident on election day. (Id. at ¶ 20). Plaintiffs mother finally arrived at the station and picked him up, taking him to the hospital the following morning. (Id. at ¶ 22).

Defendant Toledo is joined in this action because he was the Chief of the Puerto Rico Police Department at the time. The only allegations against him in the complaint are that “under color of law, he was ultimately responsible for the selection and/or supervision and/or training and/or discipline of his subordinates, defendants herein.” (Id. at ¶ 4). In addition, Plaintiff alleged that:

[P]rior Superintendents of the Police Department which defendant Toledo followed and/or codefendant Toledo himself established policies and procedures under which the Police Department employed personnel inadequately trained, supervised and disciplined to safely and properly carry out the functions assigned to them. Said defendant personally reviewed and adjudicated one and/or some and/or all of the administrative complaints made by citizens and police officials incurring in police misconduct. Therefore, defendant Toledo knew or should have known that there existed numerous incidents of abuse of police power and/or the acts and/or omissions as described in this complaint. Despite the aforementioned, defendant Toledo knowingly failed to implement reasonable or adequate policies, procedures and guidelines in accord with minimum professional standards to avoid and/or minimize the illegal police misconduct set forth in this complaint. Defendant Toledo failed to take any action to correct these dangerous deficiencies.

(Id. at ¶ 28).

Finally, Plaintiff claims that:

All of the aforementioned acts and/or omissions, at all times under color of law ... by ... Toledo ... as set forth in the preceding paragraphs, not only displayed a patent use of excessive force and/or abuse of the police power vested in them by the Commonwealth of Puerto Rico when ,.. [co]defendants beat, falsely arrested and maliciously persecuted plaintiff Rodriguez-Vazquez, but also, their grossly negligent acts and/or [208]*208omissions amounted to a deliberate indifference to the constitutional rights, privileges and immunities guaranteed to Plaintiff under the United States Constitution and its laws ... (Id. at ¶ 29.)
The aforementioned joint or individual acts and/or omissions by ... Toledo ... as set forth in the preceding paragraphs were the direct, legal and proximate cause of the violation of Plaintiffs constitutional and legal rights and the damages herein claimed and therefore, defendants herein sued must respond to Plaintiff, individually, severally and jointly. (Id. at ¶ 30).

On November 21, 2000, co-defendant Toledo moved to dismiss the complaint against him on grounds that it fails to plead a cause of action against him upon which relief can be granted. (Dkt.# 16). In particular, Toledo argues that Plaintiff failed to satisfy the strict pleading requirements for a civil rights action under 42 U.S.C. § 1988. In addition, Toledo argues that Plaintiff failed to sufficiently plead a causal connection between the acts allegedly committed by the co-defendants and Toledo’s acts or omissions. In addition, he argued that he is not liable under a theory of respondeat superior. Finally, he raises the defense of qualified immunity and requests that both the federal and commonwealth causes of action against him be dismissed.

On January 1, 2001, Plaintiff filed an opposition to Toledo’s motion to dismiss. (Dkt.# 23). Plaintiffs opposition argues that the pleadings are sufficient to establish a claim against Toledo for “failure to train” and that no heightened pleading standard should be applied.

II. Legal Analysis

A. Motion to Dismiss Standard— Civil Rights Violations

In the past, when civil rights were concerned, courts had required strict pleading standards consisting of specific factual allegations showing a deprivation of federal rights under color of state law. Moreover, vague and conclusory assertions have been rejected as insufficient to establish a claim.

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Rodríguez-Vázquez v. Cintrón-Rodríguez
160 F. Supp. 2d 204 (D. Puerto Rico, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
160 F. Supp. 2d 204, 2001 U.S. Dist. LEXIS 13033, 2001 WL 964232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-vazquez-v-cintron-rodriguez-prd-2001.