Fernandez-Salicrup v. Figueroa-Sancha, 790 F.3d 312

On Oct. 9, 2009, PRPD officers entered a high school after students protested nearby; plaintiff Valerie (Fernández) ran, closed a hallway gate, and later opened it when ordered.
Officer Jeanette Rosado and other officers encountered Fernández at the gate; Fernández says Rosado pushed her, shoved her face-first into a wall, and handcuffed her; Rosado contends Fernández grabbed Rosado’s firearm and tried to pull it from the holster while saying Rosado "could not go in." Charges against Fernández were later dismissed.
Plaintiffs sued under 42 U.S.C. § 1983 and Puerto Rico law alleging unconstitutional arrest and excessive force; Supervisory Defendants and Rosado were named defendants.
Discovery disputes over PRPD personnel files delayed proceedings; Plaintiffs disclosed their expert (Dr. Gaut) after the court’s discovery deadline and the district court excluded the report as a sanction and deemed certain facts admitted for summary judgment purposes.
The district court granted summary judgment for the Supervisory Defendants, and (after denying reconsideration) dismissed all claims against Rosado with prejudice; on appeal the First Circuit affirmed exclusion of the expert and summary judgment for supervisors, reversed as to Rosado’s unlawful-arrest claim, and affirmed dismissal of the excessive-force claim against Rosado.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exclusion of late expert report	Late disclosure excusable due to PRPD/nonparty dilatory conduct; report necessary to rebut gun-grab allegation	Report was disclosed after firm discovery deadline despite warnings; preclusion is appropriate sanction	Affirmed: district court within discretion to exclude expert for untimely disclosure and discovery noncompliance
Probable cause for arrest (gun-grab)	Fernández never grabbed Rosado’s gun; disputed fact supported by her deposition	Defendants asserted Fernández grabbed and tried to pull firearm, supporting probable cause	Reversed as to this basis: genuine dispute of material fact exists whether Fernández reached for the gun; cannot resolve on summary judgment
Probable cause for arrest (obstructing police by closing gate)	No evidence Rosado knew Fernández closed the gate at the time; thus no probable cause	Defendants relied on later testimony that Fernández closed the gate and therefore obstructed police	Reversed as to this basis: disputed whether Rosado knew the gate was closed at the time; cannot find probable cause as a matter of law
Excessive force (shove, tug-of-war)	Force used was unnecessary and excessive when crime was minor and Fernández posed no threat	Rosado’s push, handcuffing, and pulling to prevent escape were reasonable and consistent with standard practice	Affirmed: force was not objectively unreasonable; no Fourth Amendment excessive-force violation

Graham v. Connor, 490 U.S. 386 (establishes objective-reasonableness standard for excessive force)
Pearson v. Callahan, 555 U.S. 223 (qualified immunity framework; courts may decide order of prongs)
Devenpeck v. Alford, 543 U.S. 146 (probable cause inquiry based on facts known to officer at arrest)
Kaupp v. Texas, 538 U.S. 626 (probable cause required for arrest; clearly established right)
Roche v. John Hancock Mut. Life Ins. Co., 81 F.3d 249 (probable cause defined in First Circuit context)
Estate of Bennett v. Wainwright, 548 F.3d 155 (qualified immunity analysis in First Circuit)
Genereux v. Raytheon Co., 754 F.3d 51 (preclusion of untimely expert disclosures as discovery sanction)
Young v. Gordon, 330 F.3d 76 (deferential review of discovery sanctions)
Cintrón-Lorenzo v. Departamento de Asuntos del Consumidor, 312 F.3d 522 (failure to meet self-imposed deadlines weighs against party)
Calvi v. Knox Cnty., 470 F.3d 422 (standards for assessing force and reliance on standard police practice)