Gutierrez v. Toledo

780 F.Supp.2d 171

Jose L. GUTIERREZ et al., Plaintiffs

v.Pedro TOLEDO, et al., Defendants.

Civil No. 09–1867 (SEC).

United States District Court, D. Puerto Rico.

May 2, 2011.

Jo–Ann Estades–Boyer, Veredas Development, Gurabo, PR, for Plaintiffs.Idza Diaz–Rivera, Wandymar Burgos–Vargas, Christian E. Pagan–Cordoliani, P.R. Department of Justice—Federal Litigation, San Juan, PR, for Defendants.

OPINION AND ORDER

SALVADOR E. CASELLAS, Senior District Judge.

Pending before this Court is Defendants Motion for Summary Judgment (Docket # 38), and Plaintiffs' opposition thereto (Dockets # 46–48). After reviewing the filings, and the applicable law, Defendants' motion for summary judgment is GRANTED.

Procedural Background

Plaintiffs Jose L. Gutierrez (“Gutierrez”), Gabriel Roman (“Gabriel”) and Rafael Roman (“Rafael”) (collectively “Plaintiffs”) seek relief for the damages they suffered as a result of the alleged illegal search, seizure, false arrest and deprivation of their liberty by members of the Puerto Rico Police Department. Plaintiffs' complaint is premised on Title 42 U.S.C.A. § 1983, the Fourth and Fourteenth Amendments to the United States Constitution and several state laws. Plaintiffs brought this suit against Pedro Toledo,¹ the former Police Department Superintendent, Lt. Rafael O. Asencio–Torres (“Lt. Asencio”); Sgt. Aristides Toledo–Garcia (“Sgt. Toledo”); Agt. Glorivette Crespo–Vargas (“Agt. Crespo”), Agt. Jose Caban–Martinez (“Agt. Caban”), Agt. Paula Hernandez–Nieves (“Agt. Hernandez”), Agt. Ramon Ruiz–Ayala (“Agt. Ruiz”) and Agt. Ramiro González–Nieves (“Agt. González”).

Upon conclusion of discovery, on December 31, 2010, Defendants moved for summary judgment, Plaintiffs timely opposed, and Defendants sur-replied.

Standard of ReviewFED. R. CIV. P. 56

The Court may grant a motion for summary judgment when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202(1986); Ramírez Rodríguez v. Boehringer Ingelheim, 425 F.3d 67, 77 (1st Cir.2005). In reaching such a determination, the Court may not weigh the evidence. Casas Office Machs., Inc. v. Mita Copystar Am., Inc., 42 F.3d 668 (1st Cir.1994). At this stage, the court examines the record in the “light most favorable to the nonmovant,” and indulges all “reasonable inferences in that party's favor.” Maldonado–Denis v. Castillo–Rodriguez, 23 F.3d 576, 581 (1st Cir.1994).

Once the movant has averred that there is an absence of evidence to support the nonmoving party's case, the burden shifts to the nonmovant to establish the existence of at least one fact in issue that is both genuine and material. Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990) (citations omitted). “A factual issue is ‘genuine’ if ‘it may reasonably be resolved in favor of either party and, therefore, requires the finder of fact to make a choice between the parties' differing versions of the truth at trial.” DePoutot v. Raffaelly, 424 F.3d 112, 116 (1st Cir.2005)(quoting Garside, 895 F.2d at 48 (1st Cir.1990)); see also SEC v. Ficken, 546 F.3d 45, 51 (1st Cir.2008).

In order to defeat summary judgment, the opposing party may not rest on conclusory allegations, improbable inferences, and unsupported speculation. See Hadfield v. McDonough, 407 F.3d 11, 15 (1st Cir.2005) (citing Medina–Muñoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.1990)). Nor will “effusive rhetoric” and “optimistic surmise” suffice to establish a genuine issue of material fact. Cadle Co. v. Hayes, 116 F.3d 957, 960 (1st Cir.1997). Once the party moving for summary judgment has established an absence of material facts in dispute, and that he or she is entitled to judgment as a matter of law, the “party opposing summary judgment must present definite, competent evidence to rebut the motion.” Méndez–Laboy v. Abbott Lab., 424 F.3d 35, 37 (1st Cir.2005) (quoting from Maldonado–Denis v. Castillo–Rodriguez, 23 F.3d 576, 581 (1st Cir.1994)). “The non-movant must ‘produce specific facts, in suitable evidentiary form’ sufficient to limn a trial-worthy issue.... Failure to do so allows the summary judgment engine to operate at full throttle.” Id.; see also Kelly v. United States, 924 F.2d 355, 358 (1st Cir.1991) (warning that “the decision to sit idly by and allow the summary judgment proponent to configure the record is likely to prove fraught with consequence”); Medina–Muñoz, 896 F.2d at 8 (quoting Mack v. Great Atl. & Pac. Tea Co., 871 F.2d 179, 181 (1st Cir.1989)) (holding that “[t]he evidence illustrating the factual controversy cannot be conjectural or problematic; it must have substance in the sense that it limns differing versions of the truth which a factfinder must resolve.”).

When filing for summary judgment, both parties must comply with the requirements of Local Rule 56, and file a statement of facts, set forth in numbered paragraphs, and supported by record citations. See Local Rule 56(b). In turn, when confronted with a motion for summary judgment, the opposing party must:

[s]ubmit with its opposition a separate, short, and concise statement of material facts. The opposition shall admit, deny or qualify the facts by reference to each numbered paragraph of the moving party's statement of material facts and unless a fact is admitted, shall support each denial or qualification by a record citation as required by this rule. The opposing statement may contain in a separate section additional facts, set forth in separate numbered paragraphs and supported by a record citation ... Local Rule 56(c).

Local Rule 56(e) further provides that “[a]n assertion of fact set forth in a statement of material facts shall be followed by a citation to the specific page or paragraph of identified record material supporting the assertion.” Moreover, a “court may disregard any statement of material fact not supported by a specific record citation to record material properly considered on summary judgment.” Local Rule 56(e). Local Rule 56(e)(2) further states that, if the opposing party does not respond to a motion for summary judgment, “summary judgment should, if appropriate, be entered against that party.” When “a party opposing summary judgment fails to act in accordance with the rigors that such a rule imposes, a district court is free, in the exercise of its sound discretion, to accept the moving party's facts as stated.” Cabán–Hernández v. Philip Morris USA, Inc., 486 F.3d 1, 7 (1st Cir.2007). These rules “are meant to ease the district court's operose task and to prevent parties from unfairly shifting the burdens of litigation to the court.” Id. at 8. The First Circuit has held that when the parties ignore the Local Rule, they do so at their own peril. See Ruiz Rivera v. Riley, 209 F.3d 24, 28 (1st Cir.2000).Applicable Law and Analysis

In the present case, Defendants complied with Rule 56, and submitted a Statement of Uncontested Facts (hereinafter “SUF”), numbered, and supported by record citations. In opposition, Plaintiffs filed a motion opposing summary judgment and submitted their opposing statement of facts (“OSF”). Dockets # 47 & 48. They further filed a statement of additional facts (“ASUF”). Dockets # 46 & 48. Upon reviewing the record, however, this Court notes that Plaintiffs failed to provide specific record citations when denying Defendants' statements. See OSF ¶¶ 2, 3, 29 and 34. Specifically, Exhibit 2, cited in support of said assertions of fact, contains 18 pages of deposition testimony. Notwithstanding, Plaintiffs do not provide a page number, let alone the line numbers that support each opposition.

It is well settled that a party opposing a motion for summary judgment must support each denial or qualification by a record citation as required by Local Rule 56(e), which provides that “[a]n assertion of fact set forth in a statement of material facts shall be followed by a citation to the specific page or paragraph of identified record material supporting the assertion.” A “court may disregard any statement of material fact not supported by a specific record citation to record material properly considered on summary judgment.” Local Rule 56(e). Since Plaintiffs did not oppose Defendants' SUF pursuant to Rule 56, this Court will deem uncontested those facts that are properly supported by the record. Similarly, some of Plaintiffs' citations in support of their ASUF lack specific record citations (¶¶ 8, 18), and others do not support the proposed averment of fact (¶¶ 3, 5,² 7, 11, 13, 14, 16 & 17). Lastly, Plaintiffs' proposed statement of fact 15 is irrelevant for purposes of the present motion.

Based on the foregoing, the uncontested facts are as follows. On September 1, 2008, Defendants were on duty in the shift from 8:00 p.m. to 4:00 a.m. in the Quebradillas District. SUF at 1; ASUF at 1. Lt. Asencio was supervising the precinct that night. ASUF at 2. At around 12:45 a.m., Agt. Marcos Hernández, the radio operator at the time, received a call from José Ríos Soberal (“complainant”), a resident at Road 113, Km. 9.3, Terranova Ward, Quebradillas, reporting the presence of a suspicious motor vehicle in front of his residence, that he had heard an opening and closing of doors, and alleging that there was someone in his property trying to steal his motor vehicle. SUF at 2; ASUF at 4. According to Agt. González, the complainant reported the presence of a suspicious motor vehicle in front of his residence and that he had heard an opening and closing of doors. ASUF at 6.³

Agt. Paula Hernández, who was at the time with Agt. Ruiz, transmitted via radio for officers to be on the lookout for a big black car, similar to a Ford Crown Victoria, with tinted windows, occupied by three (3)...