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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF PUERTO RICO
JOSÉ LUIS IRIZARRY MUÑIZ; BETSYJEANNETTE PÉREZ RIVERA; RAIXAENID IRIZARRY PÉREZ; AND MINORS K.J. I. P. AND X. D. I. P.
Plaintiffs
v
ERIC RIVERA NAZARIO; JAIMERODRÍGUEZ VEGA, ANGEL TORRESQUIÑONES, EFRAÍN BURGOS MONTES;DAVID COLÓN MARTÍNEZ; JOHN DOE;FULANO DE TAL
Defendants
CIVIL NO. 11-01337
PLAINTIFFS DEMANDTRIAL BY JURY
COMPLAINT
TO THE HONORABLE COURT:
NOW COME THE PLAINTIFFS, through the undersigned attorneys, and respectfully
allege and pray as follows:
INTRODUCTION
1. Plaintiff JOSÉ LUIS IRIZARRY MUÑIZ files this complaint for assault and
battery, physical and emotional damages and related violations of his constitutional rights
as well as the wrongful death of his minor son José Luis Irizarry Pérez .
2. Plaintiff BETSY JEANNETTE PÉREZ RIVERA files this complaint for her
mental anguish and suffering as a result of the wrongful death of her minor son José Luis
Irizarry Pérez as well as her mental anguish as a result of the police brutality acts
undertaken by the defendants against her husband JOSÉ LUIS IRIZARRY MUÑIZ.
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3. Plaintiff RAIXA ENID IRIZARRY PÉREZ files this complaint for her mental
anguish and suffering as a result of the wrongful death of her brother José Luis Irizarry
Pérez as well as her mental anguish as a result of the police brutality acts undertaken by
the defendants against her father JOSÉ LUIS IRIZARRY MUÑIZ.
4. Minor plaintiffs K. J. I. P. and X. D. I. P. file this complaint for their mental
anguish and suffering as a result of the wrongful death of their brother José Luis Irizarry
Pérez as well as their mental anguish as a result of the police brutality acts undertaken by
the defendants against their father JOSÉ LUIS IRIZARRY MUÑIZ. They are represented
in this action by their parents JOSÉ LUIS IRIZARRY MUÑIZ and BETSY JEANNETTE
PÉREZ RIVERA.
5. The claims filed arise from the acts and omissions of defendants police
agents ERIC RIVERA NAZARIO; JAIME RODRÍGUEZ VEGA, ANGEL TORRES
QUIÑONES, EFRAÍN BURGOS MONTES and DAVID COLÓN MARTÍNEZ when plaintiff
JOSÉ LUIS IRIZARRY MUÑIZ and his minor son, José Luis Irizarry Pérez, where
subjected to acts of police brutality without cause or legal justification while participating
in a celebration during the 2008 elections in Road PR-128 of the municipality of Yauco.
6. Plaintiffs also bring this action against JOHN DOE and FULANO DE TAL,
designated with fictitious name because their identities are presently unknown, who, at all
relevant times were fellow police agents and/or supervisors of the named defendants who
at the time of the occurrence described herein, were employees and/or agents of the
Puerto Rico Police Department (PRPD) and or the Commonwealth of Puerto Rico, whose
actions and omissions were taken in deliberate indifference of the rights of the decedent
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José Luis Irizarry Pérez and plaintiff JOSÉ LUIS IRIZARRY MUÑIZ.
7. Plaintiffs’ claims of damages are based on the violation of rights guaranteed
under the Constitution and laws of the United States and Puerto Rico.
JURISDICTION
8. This action is brought pursuant to 42 USC §1983 and §1988 and the Fourth,
Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. Jurisdiction
is founded upon 28 USC §§1331 and 1343 and the aforementioned statutory provisions.
9. Plaintiffs further invoke the supplemental jurisdiction of the Court pursuant
to 28 USC §1367 to hear and decide claims arising under the laws of Puerto Rico and any
related claims which are deemed to be with respect to the pendent parties.
10. This is the proper venue to bring this action, since the cause of action arose
in Puerto Rico and all parties reside in this jurisdiction.
PARTIES
11. Plaintiff JOSÉ LUIS IRIZARRY MUÑIZ is a citizen of the United States and
resident of Puerto Rico. He is the father of decedent minor José Luis Irizarry Pérez. In
addition, he is the father of plaintiffs RAIZA ENID IRIZARRY PÉREZ and minors K. J. I. P.
and X. D. I. P.
12. Plaintiffs BETSY JEANNETTE PÉREZ RIVERA is a citizen of the United
States and resident of Puerto Rico. She is married to plaintiff JOSÉ LUIS IRIZARRY
MUÑIZ and is the mother of decedent minor José Luis Irizarry Pérez. In addition, she the
mother of plaintiffs RAIZA ENID IRIZARRY PÉREZ and minors K. J. I. P. AND X. D. I. P.
13. Plaintiff RAIZA ENID IRIZARRY PÉREZ is of legal age and a citizen of the
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United States and resident of Puerto Rico. She is the sister of deceased minor José Luis
Irizarry Pérez and of minor coplaintiffs K. J. I. P. AND X. D. I. P.
14. Minor plaintiffs K. J. I. P. AND X. D. I. P. are sisters of deceased minor José
Luis Irizarry Pérez.
15. Upon information and belief defendants ERIC RIVERA NAZARIO; JAIME
RODRÍGUEZ VEGA, ANGEL TORRES QUIÑONES, EFRAÍN BURGOS MONTES and
DAVID COLÓN MARTÍNEZ were at all times relevant to this complaint police officers of
the Commonwealth of Puerto Rico Police Department [“PRPD”] assigned to the Yauco
District.
16. Upon information and belief defendants JOHN DOE and FULANO DE TAL,
designated with fictitious name because their identities are presently unknown to the
plaintiffs, were at all times relevant to this complaint employees or agents of the PRPD,
who were involved in acts of police brutality against plaintiff JOSÉ LUIS IRIZARRY MUÑIZ
and his decedent minor son José Luis Irizarry Pérez and/or were charged with monitoring,
supervising, evaluating, assigning, disciplining and/or administering or otherwise
processing complaints within the complaint system of the department, and failed in these
duties with respect to defendants ERIC RIVERA NAZARIO; JAIME RODRÍGUEZ VEGA,
ANGEL TORRES QUIÑONES, EFRAÍN BURGOS MONTES and DAVID COLÓN
MARTÍNEZ. These defendants proximately caused the injuries alleged herein by their
deliberately indifferent actions and omissions with respect to the aforementioned duties
and due to their failure to adequately identify, monitor and sanction and/or supervise the
named officers, whose dangerous tendencies and behaviors led to the events complained
of herein.
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17. At all times relevant to this complaint, all defendants were acting under color
of the law of the Commonwealth of Puerto Rico.
18. Each of these defendants is sued in his/her personal capacity.
FACTUAL ALLEGATIONS
19. On November 4, 2008 plaintiff JOSÉ LUIS IRIZARRY MUÑIZ and his minor
son José Luis Irizarry Pérez, together with other family members, friends and citizens, were
peacefully celebrating the victory of their political candidate in Road PR-128 of the
municipality of Yauco, Puerto Rico.
20. After midnight, on November 5, 2008, several agents of the PRPD, wearing
uniforms and others dressed as civilians, in particular Agent Angel Torres Quiñones among
others, intervened with plaintiff JOSÉ LUIS IRIZARRY MUÑIZ, forcing him to the ground,
kicking and beating him with their batons (rotenes) without any cause or justification.
21. As he witnessed these unjustified acts of police brutality, minor José Luis
Irizarry Pérez attempted to deter the attack by complaining to the Police Agents in the area,
he was handcuffed, brought down to his knees and was struck by Agent Angel Torres
Quiñones in the forehead and chest with a police baton.
22. Upon receiving the impacts, José Luis Irizarry Pérez fell unconscious to the
pavement. However, the intervening officers failed to offer aid to Irizarry Pérez and he was
eventually rushed by a civilian to a nearby medical facility where he was declared dead as
a result of his injuries.
23. The other named defendants as well as other agents whose identities are
presently unknown to the plaintiffs joined the named defendants by either participating or
by standing by and observing. In addition, all of the officers at the scene, including the
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defendants, covered up and concealed the occurrence by deliberately failing to identify
Agent Angel Torres Quiñones.
24. Thereafter defendants ERIC RIVERA NAZARIO; JAIME RODRÍGUEZ VEGA,
ANGEL TORRES QUIÑONES, EFRAÍN BURGOS MONTES and DAVID COLÓN
MARTÍNEZ were identified by several witnesses during the investigation conducted by the
authorities (NIE and FBI), as the police officers who directly intervened with plaintiff JOSÉ
LUIS IRIZARRY MUÑIZ and his minor son, decedent José Luis Irizarry Pérez.
25. The acts or omissions by the defendants mentioned herein were deliberately
indifferent to and in reckless disregard of the rights of plaintiff JOSÉ LUIS IRIZARRY
MUÑIZ and his minor son, decedent José Luis Irizarry Pérez and proximately caused the
violations of these rights and the damages alleged herein.
26. Defendants JOHN DOE and FULANO DE TAL, police officers and/or
employees or agents of the PRPD who are designated with fictitious name because their
identities are presently unknown to the plaintiffs, also intervened with plaintiff JOSÉ LUIS
IRIZARRY MUÑIZ and his minor son, decedent José Luis Irizarry Pérez and/or had specific
duties with respect to supervising, assigning, monitoring, evaluating, training and/or
disciplining defendants ERIC RIVERA NAZARIO; JAIME RODRÍGUEZ VEGA, ANGEL
TORRES QUIÑONES, EFRAÍN BURGOS MONTES and DAVID COLÓN MARTÍNEZ.
These defendants failed to take any action to prevent or correct the known deficiencies of
these officers or to place them in positions where they would not have contact with the
public. The acts or omissions by the defendants mentioned herein were deliberately
indifferent to and in reckless disregard of the rights of plaintiff JOSÉ LUIS IRIZARRY
MUÑIZ and his minor son, decedent José Luis Irizarry Pérez, and proximately caused the
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violations of these rights and the damages alleged herein.
27. Minor José Luis Irizarry Pérez died as a direct and proximate result of the
grossly negligent and/or culpable actions and omissions of all of the defendants, which
were taken in reckless disregard of and in deliberate indifference to the constitutional rights
of plaintiff’s decedent.
28. Prior to his death, José Luis Irizarry Pérez suffered pain, fear, desperation
and other emotional and physical sufferings, as a direct and proximate result of the actions
and omissions described herein.
29. Plaintiff JOSÉ LUIS IRIZARRY MUÑIZ suffered physical pain, fear,
desperation and other emotional and physical sufferings, as a direct and proximate result
of the actions and omissions described herein.
30. As a direct and proximate result of the negligent and culpable and reckless
and deliberately indifferent acts and omissions described herein, all plaintiffs lost the
company and affection of their son and brother, causing them extreme motional anguish
and related physical sufferings, all of which entitle them to compensatory damages
pursuant to the law of Puerto Rico.
31. The actions described herein were wanton and malicious, taken in a manner
which abused the authority vested in all of the defendants as officers and/or employees or
agents of the Puerto Rico Police Department, entitling plaintiff JOSÉ LUIS IRIZARRY
MUÑIZ, to an award of punitive and exemplary damages.
FIRST CAUSE OF ACTION
32. Plaintiffs repeat and reallege each and every allegation contained in the
preceding paragraphs of this complaint.
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33. The actions and omissions described herein constitute an illegal seizure of
a person, an excessive use of force, a violation of due process, a summary execution
without process, a failure to provide medical care to persons injured while being
apprehended by law enforcement authorities, and/or cruel and unusual punishment, in
violation of the United States Constitution and actionable pursuant to 42 USC §1983.
34. The defendants respond jointly and severally to plaintiff JOSÉ LUIS
IRIZARRY MUÑIZ for these violations, entitling him to an award of compensatory
damages, costs, interests and attorney fees.
35. Given the wanton and malicious actions and omissions as described herein,
plaintiff JOSÉ LUIS IRIZARRY MUÑIZ is entitled to an award of punitive or exemplary
damages.
SECOND CAUSE OF ACTION
36. Plaintiffs repeat and reallege each and every allegation contained in the
preceding paragraphs of this complaint.
37. The actions and omissions described herein constitute a tort under the
Constitution and laws of the Commonwealth of Puerto Rico, for which the defendants
respond to the plaintiffs in compensatory damages, pursuant to Article 1802 of the Civil
Code of Puerto Rico. This Court has supplemental jurisdiction to hear and adjudicate
these claims arising from the same nucleus of operative facts, and to hear and adjudicate
any such claim this court may deem to be brought on behalf of a pendent party to this
action.
WHEREFORE, the Plaintiffs request the following relief, jointly and severally,
against all defendants:
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1. That this court determine that the actions by all defendants were in violation
of the Constitution and laws of the United States and of Puerto Rico;
2. That compensatory damages in excess of $1,000,000.00 be awarded to
plaintiff JOSÉ LUIS IRIZARRY MUÑIZ for the violation of his constitutional rights, and
compensation for his physical and emotional suffering as a result of the acts of police
brutality against him and his son José Luis Irizarry Pérez.
3. That punitive damages in excess of $2,000,000.00 be awarded to plaintiff
JOSÉ LUIS IRIZARRY MUÑIZ for the wanton and malicious actions and omissions as
described herein.
4. That compensatory damages in excess of $2,000,000.00 be awarded to
plaintiffs BETSY JEANNETTE PÉREZ RIVERA, RAIZA ENID IRIZARRY PÉREZ and
minors K. J. I. P. AND X. D. I. P. for their personal damages suffered as a result of the
negligent actions and omissions of the defendants.
5. That plaintiffs be provided with the costs of this action, as well as attorneys’
fees and litigation expenses;
6. That the Court provide for payment of all applicable interests, including
prejudgment interest if indicated;
7. That plaintiffs be granted such other and further relief as the Court may deem
appropriate and proper and retain jurisdiction over this action in order to assure full
compliance with any decree issued by this court.
8. A jury trial is hereby demanded.
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RESPECTFULLY SUBMITTED.
In San Juan, Puerto Rico, this 13 day of April, 2011th
s/JOSE LUIS FERNANDEZ ESTEVESJOSE LUIS FERNANDEZ ESTEVESU.S.D.C. - P.R. # 215414Attorney for Plaintiff130 WINSTON CHURCHILL AVE.SUITE 1, PMB # 106SAN JUAN, PR 00926-6018Tel. 787-653-4798Fax 787-653-8482Cel 787-299-3869Email: [email protected]
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