Buenrostro v. CollazoBuenrostro v. Collazo
OPINION AND ORDER
At 5:30 A.M. on March 29, 1988, six Puerto Rico police officers entered the apartment of plaintiff Leonel Buenrostro with neither a search nor an arrest warrant. Buenrostro was arrested in connection with a drug crime in New York. He was held for thirty-one days in horrific conditions
in
the State Penitentiary in Puer-to Rico before the police realized that they had made an error and arrested the wrong person.
1
The police now admit that although Buenrostro had the same name and birth date as the suspect in New York, Buenrostro and the suspect had completely different fingerprints and photos. (It appears from the record that the actual suspect was Fausto Buenrostro, plaintiff’s brother, who somehow obtained plaintiff's identification cards and showed those cards to police during a prior arrest in New York). Plaintiff Leonel Buenrostro was released and now sues under
Facts
Leonel Buenrostro was at home with his wife and three daughters at 5:30 A.M. when the six police officers came knocking. According to Buenrostro, they identified themselves as police officers, and then entered the home without his consent. The officers allege that consent was given, a matter over which there is a material dispute of fact.
They placed Mr. Buenrostro under arrest. They had no search warrant and no arrest warrant. They told plaintiff that he was wanted in New York on drug charges. The only information they had was that a Leonel Buenrostro, with the same birthdate as plaintiff, and with brown eyes, was wanted in New York. The Puerto Rico police had located plaintiff using the name through the Puerto Rico driver registration system. Through the use of the system they obtained plaintiffs social security number and address. He was handcuffed, taken to police headquarters, and put in a cell. Eventually, Buenrostro was brought before a judge who sought to get Buenros-tro to waive the extradition hearing. When Buenrostro refused and asserted his innocence, the judge ordered his immediate detention in the State Penitentiary. A sworn statement was made out by one of the police officers stating that Buenrostro was wanted in New York. According to plaintiff, the officer swearing out the complaint lied. For instance, plaintiff claims that the officer swore that New York had already issued a decision to extradite when in fact it was not issued until later. A magistrate found probable cause to hold plaintiff. Two more extradition “hearings” were held at which a judge tried to get Buenrostro to waive his rights to fight extradition, but *131 Buenrostro refused each time. Mr. Buen-rostro was in the State Penitentiary for thirty-one days before the police finally compared the photos and fingerprints of the suspect wanted in New York and allowed for the release of Mr. Buenrostro, clearing him of any suspicion in the crime. The defendants do not dispute that the photo and fingerprints were in police custody at the time of the arrest (either in New York or Puerto Rico, it is not clear when they were actually sent to Puerto Rico) and that it was just a matter of requesting them and making the comparison. (As stated earlier, it now appears that the individual actually wanted in New York was a relative of Leonel Buenrostro who had used the plaintiffs name and birth date when he (the relative) was booked in New York on a previous occasion).
Timeliness: The Four Officers
The original complaint did not allege the names of all of the police officers involved, but instead listed twenty “John Does”. Later, plaintiff moved to amend the complaint to add four officers (“the officers”), all of whom now claim that the action is untimely as to them.
2
The officers concede that the original complaint was timely filed as to all the named defendants contained in it at the time. The parties agree that the one-year Puerto Rico tort statute of limitations is applicable to this action. 31 L.P.R.A. § 5298.
Wilson v. Garcia,
In this case, however, there is a snag. Although the original complaint was timely filed with the court within one year, the plaintiffs took advantage of
According to defendants, then, the service past the limitations period on the defendants named in the first complaint cannot be relied on by plaintiffs as justifying
Res Judicata and Stay Request
The next hurdle for plaintiffs is placed by the fact that a related action has proceeded in the Puerto Rico Commonwealth courts to a disposition on the merits. Defendants at this point seek to stay our action until that matter reaches the Puerto Rico Supreme Court. We have no intention of waiting for that eventuality, but we instead review the Puerto Rico trial court decision for any possible
res judicata
effect.
Explosives Corp. of America v. Garlam Enterprises Corp.,
The local action, Civil No. FDP 89-215(404), in the Superior Court of Carolina, included as defendants the Commonwealth of Puerto Rico, Ismael Betancourt Lebrón (the Superintendent of Puerto Rico’s Police Department), the Clerk of the District Court of Puerto Rico, San Juan Section, the Chief Judge of the District Court of Puerto Rico, San Juan Part, and the Administrative Director of the Criminal Justice Information System. The suit alleged only local law negligence, and sought both monetary damages and an order that the various record keepers purge their files of any information relating to the erroneous arrest.
The judge in the matter found that Be-tancourt Lebrón was not the superintendent at the time of the acts and, therefore, could not possibly be liable. Since plaintiffs have agreed voluntarily to drop him as a defendant from the suit, there is no res judicata problem as to him, and the complaint as to him is dismissed.
Three of the defendants before us were sued in their official capacities in the Commonwealth court action, all on the issue of purging records related to the arrest. Since there was a complete identity of the parties as to that issue in the Commonwealth suit and the one before us, and since the matter went to resolution on the merits, we are required by Puerto Rico law to give res judicata effect to the matter. We, therefore, dismiss the complaint before us as to the Clerk of the District Court of Puerto Rico, San Juan Part, the Chief Judge (“Juez Administrador”) of the District Court of Puerto Rico, the Administrator of the Hato Rey Judicial Center, and the Administrative Director of the Criminal Justice Information System.
There is the question as to whether the policemen, sued before us for the first time, can assert issue preclusion on the theory that the local court’s finding in the case against the Commonwealth, in which the judge found that the police officers did not act negligently because they acted pursuant to established Puerto Rico procedure, precludes the litigation of the
The police officers are attempting to invoke the doctrine of so-called non-mutual defensive collateral estoppel. The non-mutual defensive collateral estoppel doctrine is as follows: Plaintiff “P” sues Defendant “Dl” and loses on all issues on the merits. Plaintiff “P” then sues Defendant “D2” in a situation where one of the necessary elements of the claim is one of the issues that “P” lost on in the first action. “D2” can then raise the previously litigated issue as a defense against “P” even without relitigating it, and without “D2” having ever been a party to the prior action.
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation,
The relevant statutory section would seem to preclude the possibility that mutuality could be dropped, since the requirement of mutuality seems to be directly written into the statute in its “identity of parties” element.
In order that the presumption of the res adjudieata may be valid in another suit, it is necessary that, between the case decided by the sentence and that in which the same is invoked, there be the most perfect identity between the things, causes, and persons of the litigants, and their capacity as such.
31 L.P.R.A. § 3343.
The practice of other jurisdictions in jettisoning mutuality is precisely the act of negating the requirement of identity of parties. It seems difficult to see how the rule could develop in the way of discarding mutuality while the relevant statute remains written as it is.
Defendants argue, however, that the Supreme Court of Puerto Rico has opened the door for the abandonment of mutuality.
A & P General Contractors, Inc. v. Asociación Cana, Inc.,
We point out that it is not a problem that the
Assume a jurisdiction which has abandoned mutuality. Assume “A” sues “B” in action one, raising only a tort claim, and loses. “A” then sues “C” on a tort theory and on a
In Puerto Rico, with the retention of mutuality, “C” can raise an estoppel defense against neither the tort claim nor the
Therefore, we find that defendant members of the police department, Pablo Colla-zo Marrero, Angel Morales Goñez, Edwin Teruel, José M. Collazo, Armando Tapia Suárez, and Carlos López Feliciano, not parties to the prior action, cannot claim preclusive effect of the prior judgment or findings in the case against the Commonwealth.
Summary Judgment as to the Wife and Daughters
Defendants allege that the family members do not have standing to sue under
Defendants’ attempt to dismiss the family members for lack of standing fails, though, since the family members have alleged two separate causes of action of their own, not merely claimed “through” Mr. Buenrostro. First, all the family members had their own privacy interests in the family home, which the police officers allegedly entered without consent or any warrant of any kind. The fourth amendment protects the citizen from unreasonable searches and seizures, helping to allow people to feel secure in their homes. In this case, on the facts as alleged, at least several police officers burst into a private dwelling at 5:30 in the morning, scaring the daylights out of the inhabitants. Though they were “searching” for Mr. Buenrostro, that fact is incidental to the family’s own
In addition to their own
Prison Officials
Plaintiff sues two officials in the Corrections Department of the Commonwealth of *135 Puerto Rico in their individual capacity, alleging that plaintiff’s pleas of innocence to the prison guards were ignored, and that the prison conditions under which plaintiff was held were barbaric.
We find no cause of action stated here. Even assuming that the arrest and commitment by judicial officers of plaintiff was illegal, and even assuming that the continued failure on the part of the police to rectify their error in some time less than thirty-one days was a constitutional violation, none of those misdeeds can be charged to the Corrections Department or its staff. If, as we assume, plaintiff was sent to the State Penitentiary with a facially-valid commitment order, there certainly can be no duty on the part of the Department of Corrections to verify or otherwise review the correctness of the judicially issued order. Nor can we see that prison guards are under a duty to act when a prisoner under their custody is asserting his innocence, no matter how forcefully. The process to which an individual is due prior to incarceration by the state is judicial process. Habeas corpus proceedings are available for those who believe themselves wrongly held. Prison guards cannot and should not be in the business of retrying the guilt or innocence of the persons already found by a court to be subject to incarceration.
The claim of barbaric conditions at the State Penitentiary requires a slightly different analysis. First, the conditions that Mr. Buenrostro suffered at the prison are certainly relevant to the damages aspect of his suit against those members of the police force who he alleges are responsible for his being sent to and held in the prison in the first place. But his innocence has no bearing on the duty of prison officials to provide him with any particular standards of living conditions different from any other prisoners. As stated above, prison guards and officials can certainly have no way of knowing which of the prisoners sent them by the court are innocent. Mr. Buenrostro stands, in relation to the prison officials, in exactly the same position as any prisoner held in the State Penitentiary under the same conditions as himself. Any cognizable claim with regards to the conditions of incarceration itself would need to be based on the eighth amendment, and would be subject to all the difficulties that any prison conditions case faces. At any rate, that claim is in no way properly pleaded in the suit before us. There is no mention made of the eighth amendment, and no detail as to which of the conditions suffered might have been below constitutional standards. No discovery was conducted on the theory of a prison conditions case, and we will not let it proceed as one at this point. Plaintiffs’ attempts to bring in the prison officials as parties incident to the illegality of his being incarcerated must fail. The complaint is dismissed in its entirety as to Carmelo González Rivera and Mercedes Otero.
Failure to State a Claim and Qualified Immunity
The defendant police officers seek to have the complaint dismissed because Mr. Buenrostro has failed to state a claim in the sense that he has failed to set forth any set of facts that could be construed as constituting a constitutional violation. Alternatively, they argue that even if a constitutional violation was committed, they are entitled to qualified immunity under the doctrine of
Harlow v. Fitzgerald,
For more than ten years it has been completely settled law that the police may not make a warrantless entry into a citizen’s private dwelling for the purpose of effectuating the citizen’s arrest, absent exigent circumstances or consent.
Payton v. New York,
But the long incarceration did not necessarily flow from the warrantless nature of the arrest in the home. Had Mr. Buenrostro been on the sidewalk in front of his home when the police arrived, presumably he would have spent just as long in jail. The length of the incarceration seems to be more a result of the willingness of the police to rely for more than a month on three bits of information, name, birth date, and eye color, when fingerprints and photos could have been easily obtained before or shortly after the arrest.
In
Baker v. McCollan,
We think that plaintiff, in alleging a thirty-one day incarceration in the face of repeated assertions of innocence, in the face of his repeated refusals to waive an extradition hearing, in light of the fact that the only information relied on was a bare name, birthdate, and eye color, has certainly stated a case for the kind of constitutional violation that Baker foresaw. Defendants have not met their burden of showing that failing to take the simple steps of verifying the photo or fingerprints at some point prior to thirty-one days after arrest was not clearly established as a violation of due process at the time that it occurred. No one can live in peace with the knowledge that he or she may spend over a month in the State Penitentiary because some drug dealer picked up his or her wallet one day on the street, when the mechanism to avoid such an abuse is so clearly available.
We note that mere negligence is insufficient under
Conclusion
1. The complaint is dismissed with prejudice by voluntary dismissal as to Ismael Betancourt Lebrón.
2. The motion to dismiss for untimeliness (Docket Document No. 35) filed by codefendants Angel Morales Goñez, Edwin Teruel, José M. Collazo, and Armando Ta-pia is denied in its entirety.
3. Defendants’ motion to dismiss the claims of the coplaintiffs Brunilda Pérez
*137
Matos and Raysa, Eileen and Leonelis Buenrostro (spouse and children of Leonel Buenrostro) for lack of standing (Docket Document No. 42) is
denied
in its entirety, and we clarify that these named family members are proceeding both on Puerto Rico law claims and their own
4. Defendants’ motion to dismiss the claim of all plaintiffs as to codefendants Carmelo González Rivera and Mercedes Otero is granted. (Docket Document No. 42).
5. Defendants’ motion for summary judgment on the substance of the illegal arrest/detention claim is denied. (Docket Document No. 42). We reserve judgment as to the issue of qualified immunity pending trial. (Docket Document No. 42).
6. The motion to stay this proceeding pending the result of an appeal to the Puer-to Rico Supreme Court in a related case is denied. (Docket Document Nos. 65 & 69).
7. We dismiss all claims as to defendants Clerk and Chief Judge (“Juez Admin-istrador”) of the District Court of Puerto Rico, San Juan Part, Administrator of the Hato Rey Judicial Center, and Administrative Director of the Criminal Justice Information System, as the action against them is precluded by the conclusion of the prior litigated matter of Leonel Buenrostro, et al. v. Estado Libre Asociado de Puerto Rico, et al., Civ. No. FDP-89-215, Superior Court of Puerto Rico, Carolina Part, Carmen Rita Vélez Borrás, Judge. (Docket Document Nos. 65 & 69).
IT IS SO ORDERED.
Notes
. The horrors to which Mr. Buenrostro was subjected while incarcerated in the Puerto Rico prison system have been well documented before another judge of this court who is handling a system-wide prison reform case brought on behalf of inmates. The record in that case describes in lurid detail the overcrowded, dangerous, filthy conditions suffered by all confinees in Puerto Rico.
See, i.e., Morales Feliciano v. Romero Barcelo,
. The four are: Angel Morales Goñez, Edwin Teruel, José M. Collazo, and Armando Tapia.