Case 3:11-cv-01337 Document 1 Filed 04/13/11 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

JOSÉ LUIS IRIZARRY MUÑIZ; BETSY CIVIL NO. 11-01337

JEANNETTE PÉREZ RIVERA; RAIXA
ENID IRIZARRY PÉREZ; AND MINORS K.
J. I. P. AND X. D. I. P.

Plaintiffs

v PLAINTIFFS DEMAND
TRIAL BY JURY
ERIC RIVERA NAZARIO; JAIME
RODRÍGUEZ VEGA, ANGEL TORRES
QUIÑONES, EFRAÍN BURGOS MONTES;
DAVID COLÓN MARTÍNEZ; JOHN DOE;
FULANO DE TAL

Defendants

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 13th day of April, 2011

s/JOSE LUIS FERNANDEZ ESTEVES

JOSE LUIS FERNANDEZ ESTEVES
U.S.D.C. - P.R. # 215414
Attorney for Plaintiff
130 WINSTON CHURCHILL AVE.
SUITE 1, PMB # 106
SAN JUAN, PR 00926-6018
Tel. 787-653-4798
Fax 787-653-8482
Cel 787-299-3869
Email: joseluis.fernandezesteves@gmail.com

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