Burgos-Yantin et al v. Municipality of Juana Diaz et al, No. 3:2007cv01146 - Document 237 (D.P.R. 2009)
Court Description: OPINION and ORDER denying 236 Motion for Reconsideration. The court amends its previous order, dismissing the supplemental claims of negligence brought against the Municipality and the Supervisors based on the courts previous findings. 234 Signed by Judge Gustavo A. Gelpi on 11/9/09. (SAA) Modified on 11/10/2009 to add Opinion (er).
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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF PUERTO RICO 3 4 5 6 7 8 CARMEN D. BURGOS-YANTIN, et al. Plaintiffs, v. Civil Action No. 07-1146 (GAG) MUNICIPALITY OF JUANA DIAZ, et al. Defendants. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OPINION AND ORDER The court amends its Opinion and Order at Docket No. 235 and based on its previous findings DISMISSES the supplemental state law negligence claims brought against the Municipality and the Supervisors. With respect to the supervising officers of the Puerto Rico Police Department and the supervising officers and policymakers of the Juana Diaz Police Department, Plaintiffs are unable to demonstrate that said parties failed to implement or enforce a policy regarding the administrative review of their officers actions. Further, Plaintiffs provide no evidence that demonstrates a failure on behalf of the aforementioned parties to train their officers in the use of deadly force. Finally, even if the Supervisory-Defendants committed the alleged administrative oversights, Plaintiffs do not proffer sufficient evidence to establish a causal connection between the actions or omissions of the Supervisory-Defendants and the resulting conduct of the officers. (See Docket No. 235 at 7-11.) Plaintiffs have failed to provide evidence to create a genuine issue of material fact demonstrating the negligence of these defendants in their roles as supervisors and policy makers. Therefore, the court DISMISSES, with prejudice, the state law negligence claims brought against the Municipality of Juana Diaz as well as the Supervisory-Defendants under the Plaintiffs theory of supervisory liability. The only claims remaining before the court are those based on the individual liability of Sgt. Colon and Officers Conde, Alvarado, and Torres. (See Docket No. 235.) 1 Civil No. 07-1146(GAG) 2 SO ORDERED. 3 2 In San Juan, Puerto Rico this 9th day of November, 2009. 4 s/ Gustavo A. Gelpà 5 GUSTAVO A. GELPI United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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