Díaz v. Rivera, 217 F. Supp. 3d 464

On July 21, 2012, José Díaz Morales was shot and injured by PRPD Agent Adriel Jiménez after an altercation at a train station; Sgt. Luis Rosario was present and allegedly encouraged the shooting.
Plaintiff filed a local Puerto Rico court complaint on July 9, 2013 naming PRPD, Agent Jiménez, and Sgt. Rosario; the local court dismissed claims against Rosario without prejudice on February 7, 2014.
Plaintiff filed a federal complaint on February 3, 2015 naming only PRPD and Agent Jiménez; PRPD was later dismissed and Plaintiff amended the federal complaint on August 21, 2015 to add Sgt. Rosario.
Puerto Rico’s one-year statute of limitations for personal-injury (and § 1983) claims ran from Plaintiff’s knowledge of injury in July 2012, so absent tolling claims against Rosario expired by July 2013 (or shortly thereafter if tolled).
The Puerto Rico tolling rule (Fraguada) requires tolling to be separately satisfied as to each joint tortfeasor; the local filing initially tolled Rosario’s claim but the dismissal on February 7, 2014 restarted the clock, which lapsed February 9, 2015 before Rosario was named in federal court.
The court rejected relation-back under Rule 15(c) and equitable tolling arguments, and granted Sgt. Rosario’s motion to dismiss with prejudice; claims against Agent Jiménez proceed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Plaintiff timely sued Sgt. Rosario under the statute of limitations	Local filing tolled claims; filing in federal court and later amendment preserved claims	Rosario: claims expired because he was not named in the federal complaint before limitations lapsed	Claims against Rosario are time-barred and dismissed with prejudice
Whether tolling from the local suit covered Rosario after local claims were dismissed	Tolling from the July 9, 2013 local filing applied to Rosario	Dismissal of local claims ended tolling and restarted limitations clock	Tolling ended on February 8, 2014; limitations lapsed Feb. 9, 2015
Whether amended complaint relates back to the original federal complaint under Rule 15(c)	Amendment should relate back because claims arise from same transaction	No relation back: state law (Fraguada) bars adding defendants after limitations lapsed; no mistake as to identity	Amendment does not relate back; too late to add Rosario
Whether equitable tolling excuses the delay	(Plaintiff argued implicitly) equitable tolling should apply due to fairness	Rosario: no concealment or misconduct that would justify equitable tolling	Equitable tolling not available; no facts showing defendant concealed claim or caused delay

Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard requires more than conclusory statements)
Ashcroft v. Iqbal, 556 U.S. 662 (legal conclusions not accepted as true on a motion to dismiss)
Carroll v. Xerox Corp., 294 F.3d 231 (complaint must allege facts sufficient to state a cognizable claim)
Prisma Zona Exploratoria de P.R. v. Calderón, 310 F.3d 1 (courts may consider undisputed court documents referenced in the complaint)
City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (§ 1983 borrows state statute of limitations)
Alamo-Hornedo v. Puig, 745 F.3d 578 (Puerto Rico limitations and tolling rules apply to § 1983 claims)
Rodriguez Narvaez v. Nazario, 895 F.2d 38 (Puerto Rico one-year limitations period governs personal-injury claims under § 1983)
Morán Vega v. Cruz Burgos, 537 F.3d 14 (federal accrual rule: claim accrues when plaintiff knows or should know of injury)
Rodriguez-Garcia v. Municipality of Caguas, 354 F.3d 91 (tolling of § 1983 claims governed by Puerto Rico law)
Neverson v. Farquharson, 366 F.3d 32 (equitable tolling principles)
Benítez-Pons v. Commonwealth of P.R., 136 F.3d 54 (equitable tolling requires defendant-caused delay)
Vistamar, Inc. v. Fagundo-Fagundo, 430 F.3d 66 (noting circuit split over whether equitable tolling for § 1983 governed by state or federal law)