Beruflich Dokumente
Kultur Dokumente
____________________
No. 97-1645
Plaintiffs, Appellants,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
Serrano-Blasini,
_______________
Solicitor General,
Deputy Solicitor
General,
were on
wit
and Edda
____
brief
for
appellees Toledo-D vila, Zapata, Ort z-D az, and Fern ndez.
John F. Nevares,
________________
with whom
Lizzie M. Portela,
__________________
Paul B
______
United States
Attorney
with whom Guillermo Gil, United States Attorney, was on brief for
_____________
appellees Plichta and Ilario.
____________________
February 3, 1998
____________________
LYNCH,
LYNCH,
home
was
Circuit Judge.
Circuit Judge.
_____________
searched
under a
warrant
authorizing
a weapons
federal officers
rights.
defendants
in
a series
of
summary judgment
against all
orders.
One
Plaintiffs
officer,
claim
that
the
Puerto
Rican
police
so,
probable
cause.
asserted in order
Plaintiffs'
evidence
to establish
presents
genuine
disputes of fact
made by
Laboy in the
fabricated.
material
as to whether the
Fourth Amendment.
violates
that
probable cause
or were
the
Further, we have
reasonably understand
establish
It has long
fabrication
material representations
Warrant
in
Clause of
no doubt that
they may
not
warrant
such a
lie in
the
officers
order
application.
to
If
in favor of
made any
Laboy on
showing that
that claim.
others assisted or
-22
even knew
not
of the
alleged
falsehoods, nor
have plaintiffs
support
For
these and
other
reasons
the
provided facts
to
was unreasonable.
dismissal of
all
other
I.
Entry of summary
we take
judgment is reviewed de
novo and
to the party
opposing summary
judgment.
See Acosta-Orozco
___ _____________
v. Rodriguez__________
On
December 6, 1993,
(Aponte
Andino) were
at home in
R o Piedras,
Puerto Rico,
when Aponte
the house.
be
robbed.
Plaintiffs
Without
with the
ax and entered.
identifying
themselves
as
door to the
to
police
house
begged the
as police
house.
and show
The
a search warrant
for the
of plaintiffs' home
The
and orderly
fashion,
without the
-33
use
search in an efficient
of force.
Several
officers
were
files
gain
FBI
the computer
access to
hours, and
drugs,
any files.
failed to
drug money,
Another daughter,
returned and
The entire
turn up
evidence of illegal
or, indeed,
Iris Teresa
tried to enter
search lasted
of
any criminal
Aponte Andino
the house.
An
two
weapons,
activity.
(Iris Teresa),
officer outside
In
Rafael
Aponte
May of
1995,
Matos (Andino
Aponte Andino,
Serrano's
Andino
Serrano,
husband), and
Iris
1983,
Bivens
______
They
under 28 U.S.C.
alleged
violations
of
the
Fourth
1331 and
U.S.
388 (1971).
and
Fourteenth
Plaintiffs
first group
is
sued two
composed
of
groups
the
of defendants.
state
and
federal
The
line
Michael Plichta.
violated
Plaintiffs alleged
plaintiffs'
searches by fabricating
right
to
be
that these
free from
defendants
unreasonable
search warrant,
-44
conducting a search
the warrant,
supervisors, alleging
defendants
adequately to
included
both
state
and
federal
train
This group of
supervisors:
Puerto
Rico Police
Department
(PRPD) Superintendent
Pedro
Superintendent of
Zapata, PRPD
Lewis
Lieutenant
Freeh
"Ilario."
Inspection and
and
an
unidentified
that
FBI
and FBI
Jos
Director
supervisor
named
and
Disciplinary Affairs
the
supervisors
had
callously
disregarded
their subordinates.
qualified immunity.
granted
based on
a "pretextual"
____________________
1.
Plaintiffs also
alleged
outside of
allow counsel to
not present
See
___
complaint
search.
this claim
that the
in their
as a specific
issue on
would not
Plaintiffs do
appeal, nor
and it is
deemed
-55
search
of plaintiffs'
entered partial
Plichta
On
May 29,
judgment dismissing
exceeded the
plaintiffs'
home.
scope
computer files.
of
On
the
1996, the
plaintiffs' claim
warrant
July 22,
by
court
that
searching
1996, the
court
the
the
court dismissed
all the
remaining
grounds.
On April 4, 1997,
claims against
all
Plaintiffs appeal
II.
judgment is de novo.
F.3d 20,
24
pleadings,
(1st
depositions,
admissions on
1995).
answers
file, together
and that
Cir.
defendants'
to
with the
will
is entitled
motions for
summary
affirm
affidavits, if
any,
to a
judgment as
judgment, plaintiffs
that
issue."
Betancourt-Lebron, 14
_________________
triable
F.3d 87,
In order to overcome
is
"the
and
there
if
interrogatories,
is no genuine issue as to
matter of law."
We
must
establish
Febus-Rodriguez
_______________
91 (1st Cir.
1994).
v.
For a
permit a
reasonable trier
of fact to
resolve the
issue in
-66
favor
of the
non-moving party.
Parcel of Real Property, 960 F.2d 200, 204 (1st Cir. 1992).
_______________________
be lawful,
in
information the
light
this
established
at
second, if the
first
asserted
the time
of
understood
that
in
the
right."
the
There
inquiry
by
the
officer
established
The
right
reasonable
1367,
standard.
constitutional
established
law
to
of clearly
same
challenged
Hegarty v.
_______
the
Anderson v.
________
is
plaintiffs
whether
was
the
clearly
alleged violation.
The
established, is whether
situation
conduct
would
"have
violated
that
Somerset County, 53
________________
and
F.3d
v. Loranger, 907
________
analysis
yields
constitutional right
determination
was
not
there is
clearly
that
the
asserted
established
at
the
qualified immunity.
103 F.3d
A.
In
Delaware,
________
438
1978, the
U.S.
154
Supreme
(1978),
-77
Court
that
held
in
the
use
Franks
______
of
v.
false
statements
to obtain a
false statements
Fourth
noted,
the Warrant
Clause of
the
Fourth Amendment
itself
[N]o
warrants
probable
cause,
shall
issue,
supported
but
by
upon
Oath
or
affirmation.
Franks
involved
challenge to
warrant
in a
______
criminal
proceeding
challenge:
or
and
set
forth
the
elements
of
of reckless disregard
on the part
of the
affiant;
or sworn
or otherwise
must
point
reliable statements;
specifically
to
the
to establish
enough to
This court
portion
the allegations
of
allege negligence
warrant
probable cause.
the
be necessary
See id. at
___ ___
171-72.
or innocent
mistake.
of
It is not
See id.
___ ___
rule.
See,
____
e.g.,
____
United States
_____________
v. Valerio,
_______
1993).
-88
48 F.3d
58, 62
(1st Cir.
An officer
through material
result in an unconstitutional
search
1983.2
"It
established
Fourth
has
long
been
Amendment's warrant
statement
knowingly
disregard for
clearly
requirement is
and
the truth,
finding of probable
that
violated
intentionally,
was included by
or
the
when 'a
with
false
reckless
the affiant
in a
cause.'"
Clanton v.
_______
Cooper, 129
______
F.3d
1147, 1154 (10th Cir. 1997) (quoting Franks, 438 U.S. at 155______
56).
Cir.
1984)
(noting
plaintiff's
civil
rights
claim
(1st
that
obtain warrant).
The
1983 action is
to
absolute immunity
affidavit supporting
and may be
for
making
false
an application
1997).
is not entitled
statements
for an arrest
In
actions.
in
an
warrant,
See
___
id. at
___
*3.
____________________
2.
This
is
constitutional
similar
source
to,
as,
and
the
derives
claim
from
that
an
the
same
officer
___ ______
______
-99
in support of probable
with
Laboy to
Plaintiffs have
obtain
this fraudulently
presented no
evidence
defendants conspired
procured
warrant.
that other
officers
we
readily
affirm
the district
court's
grant
of summary
1993,
FBI
Agent
individuals intended
Plichta
received
to break into
that on December 2,
tip
that
several
1993,
On December 3,
Carri n of the
Puerto Rico
We
do
not
comment on
the
implicit
suggestion
money.
that such
On December
Laboy.
Plichta
Laboy told
spoke
with
4, Plichta
Plichta that on
December 3,
Carri n,
had
Laboy
with
soon after
independently
plaintiffs' home.
another
matter, an
He said
illegal
weapon
-1010
exchange
in
front
of
plaintiffs' home.
warrant
On
based on
his
December 6, Laboy
affidavit,
and
obtained a
invited
search
Plichta
to
a warrant stated:
[On the]
about
3rd day
4:30 p.m.
Cupey in R o
of December, 1993,
I was
in
the area
at
of
Castro Road
I
turn at
realized
the end
there
approximately
skin, brown
black
which is a
color
was
dead end,
of the
an
feet tall,
individual
with
to
same I
white
wood and
another
white
approximately 5 feet
black
sweater
and
at
that
time
both
was in . . .
the weapon
once
again to
the
6'
entered
the
individual
residence. . . .
also
me
there
was
The
entered
That for my
as investigating agent
by
residence.
experience
to
is
being
the
utilized
for
the
said
the
custody of firearms.
the place
of the Puerto
and seizure."
The
district
court
granted
summary judgment
to
. . have failed
to
-1111
produce a scintilla of
that
the
Defendant-Officers
either
knowingly
used
information or recklessly
obtain the
warrant."
We
false
order to
district court,
claim.
she was
in her house at
She says
the house.
one
of the
husband.
men who
allegedly
entered the
house fits
her
house
by the
plaintiffs to
raise a
question as
to the
truth of
____________________
3.
I was at my house,
1993. . .
. I have
submitted in order
December 6,
the physical
read
1993, and
description of
my
although
one of
the
know for a
at my house that
time.
-1212
fact
day at that
home
not happen.
the house
the
to see if
lie:
he wanted access to
plaintiffs
note, when
statement in the
observation
the house
was
experience,
this
to
the probable
cause
illegal
to contradict Laboy's
one with an
that, based on
meant
essential
And finally,
and
there, as
searched, no
was
Plaintiffs also
the
house
his
was
That statement
determination.
See
___
____________________
4.
Laboy
attempts
to buttress
his
position through
But Nieves
the
5.
the police
search,
plaintiffs' home.
said they were
three
One of
unidentified
robbed
there to investigate
individuals
the December 6
search.
drew
Rafael
questioned
money.
The
Aponte
Matos
at
went
gun
point.
The
intruders
$2 million dollars
directly
to
the
places
in drug
where
Plaintiffs have
a handgun,
robbery was
-1313
Our decision
will succeed on
whether plaintiffs
decide.6
B.
Warrant
_______
that
is in
Rico."
violation to
Plaintiffs
[sic]
the Weapons
Act of
Puerto
police officers
them
files.
is
perfect an
us, as
plaintiffs failed
timely to
judgment on
issued
that claim.
a Memorandum and
judgment to
____________________
6.
issue as an
We
reject
involved.
whether
the
conceptualization
Franks rule
______
search
was
is as
subjective
motivations is rarely
Robinette,
_________
117
417,
419
legal doctrines
stated it;
Under
the
not
Fourth
-1414
the
we have
pretextual.
S. Ct.
of
a pretextual search.
See
___
v.
Ohio v.
____
United
______
Plichta
on the computer
judgment dismissing
the claim.
of 28 U.S.C.
This
was a
entered partial
final judgment
Civ. P.
Fed. R.
App. P. 4(a)
60 days.
notice of appeal
1997, long
_______________________
The
issue
whether
the
Plichta on
district
court erred
in
scope of
In 1993
that
search must
authorized
U.S. 79,
it was
undoubtedly "clearly
not
exceed
in the warrant.
See
___
the
established"
scope of
Maryland v.
________
the
search
Garrison, 480
________
____________________
7.
The
court reasoned
that
because Plichta's
attempt to
We do not
8.
The
judgment
appeal of
the
district court s
grant of
summary
The district
on July
May 5,
1997.
-1515
cause
to
search,
the
[Fourth
Amendment
particularity]
requirement
ensures
tailored to
its justifications,
character
Framers
of
the
that
the
search
and
wide-ranging
intended to
will
be
will not
exploratory
carefully
take on
the
searches
the
v. California,
__________
496 U.S. 128, 140 (1990) ("If the scope of the search exceeds
the subsequent
seizure is unconstitutional
without more.").
question of when
Plaintiffs' evidence
immunity.
began
their
is insufficient to
All plaintiffs
search,
they
offer is
not entitled to
that when
"questioned"
show that
the officers
plaintiffs
Andino
Serrano and
Aponte
million dollars in
that the
Andino
as to
the
whereabouts
There
of
two
is no evidence
in the house
that they
See United
___ ______
States v. Ross, 456 U.S. 798, 820 (1982) ("A lawful search of
______
____
the object of
Court
that
provided an illustration
authorizes an
weapons also
officer
provides
found . . . .").
pertinent here:
to search
authority to
"A warrant
home for
illegal
open
closets,
chests,
-1616
The Ross
____
might be found."
Id.
___
at 821.
Further,
to be in a
the house
for immunity
as well,
related to the
encounter
at least
and that
warrant.
the question
The topic of
purposes, an
more likely
dollars hidden in
was sufficiently
questioning during an
them of
(1983)
immunity.
(officers
Cf. Florida
___ _______
do
not
violate
Fourth
491, 497
Amendment
by
Amendment
not
individuals
violated
without
when
officers
particularized
ask
questions
suspicion,
where
is
no
suggestion
that the
forced
plaintiffs
to answer
(Fourth
where
to answer.
Amendment
officer
searching
officers
the questions,
See
___
asks driver
questions
There
ordered or
and plaintiffs
reasonableness requirement
of
not
unrelated to
at 421
violated
initial
justification
for
stop,
and
driver
voluntarily
answers
Plaintiffs'
qualified immunity.
summary
judgment
evidence
to
overcome
grant of
dismissing
is
the
-1717
inadequate
claim
that
the
search
C.
Plaintiffs assert
the
who conducted
Fourth Amendment
rights by
police before
approaching
however,
rule on
(1997)
exception
to the
presence or
the claim
plaintiffs' rights,
1416
breaking down
the
the entrance
announced their
house by
to knock and
the officers
their purpose."
that
see Richards
___ ________
(Fourth
home,
Amendment
this was
It did
a violation
v. Wisconsin,
_________
does
not
never
117 S.
permit
not,
of
Ct.
blanket
v. Arkansas,
________
115 S.
Ct 1914 (1995)
part of
that there
knock
is, on these
and announce,
established
the
do we.
facts, a right
asserted
announce forms
Even assuming
to have the
right
was
not
police
clearly
As Richards
________
an absolute
exceptions to the
the
neither announced
created categorical
justified
In Richards,
________
room was
occupant
opportunity.
would
See
___
destroy
the
evidence
if
at 1422.
given
We
the
do not
-1818
reach
armed
with a
announce they
warrant
to
are police
search for
weapons,
to fail
the area
to
to be
In
St.
Hilaire,
_____________
this
court
held
that
the
of a
search or
"not clearly
seizure, absent
exigent circumstances,
was
the Supreme
"was not
. .
. clearly
established in
constitutional requirement
F.3d at 28.
to
did
not
defendants
until Wilson."
______
identify themselves to
violate
were
Circuit as
St. Hilaire,
___________
"clearly
"entitled
71
The same
this
established
to qualified
law,"
immunity
in 1990
and
the
on
[the
Id.
___
is true here.
best on
Wilson; Wilson
______ ______
plaintiffs'
was decided in
1995; the
search of
D.
Plaintiffs
of force.
-1919
Plaintiffs
basic theory
arguments
seek shelter
point
to
us
the
conscience" standard
in the context
under
the
standard."
But
in the
substantive
may
wrong
due
Graham
______
sound but
doorway.
process
announced in Rochin
______
their
Plaintiffs
"shocks
the
v. California, 342
__________
of a search or seizure
Fourth
be
Amendment's
v. Connor,
______
is "properly analyzed
'objective
490
U.S.
reasonableness'
386,
388 (1989)
where the
claim arises
in the context
stop).
"The 'reasonableness' of
must be
on
scene,
the
hindsight."
rather
Id.
___
at 396;
Restaurants, 67 F.3d
___________
excessive
force
with
of force
a reasonable officer
the
see also
__________
must
investigatory
a particular use
claim
defendant's actions
in light of the
than
of an
20/20
vision
Alexis v.
______
McDonald's
__________
demonstrate
of
that
the
viable
police
reasonable, viewed
him and
Plaintiffs
support
of their
failure
to announce
point
excessive
to
the
force
their presence,
following
claim:
the
actions
the
use of
in
officers
10 to
15
the use
the use of an ax to
of dogs during
knock
one
-2020
officer s
allegedly
threatening
behavior
directed
at
out in
We will assume
searches carried
such an excessive
are unreasonable
and generally
arrestee.
injury.
absence of
in
arises in the
involves physical
Here,
used on any
contact and
of the plaintiffs,
To
context of an
the extent
their depositions
the
physical
such a claim
in the
injury to
there can be
arrest
officers conducted
Under
834
F.2d
1223,
1229
(5th
Cir. 1988)
(in
1983
suit,
The only
Officer
when
she
allegation worthy
of discussion is
that
sought entry
displayed his
to
plaintiffs'
-2121
home, and
to kill her if
that
he
she did
We assume that
at her.
the facts
is entitled to
qualified immunity.
Iris
Teresa insisted on
entering the
house at the
for weapons
was underway.
Col n was
and it was
his
duty to
ensure
that
no one
entered
the house.
He
his
authority
in order
to
reasonably intended
Indeed,
to avoid
evidence
prevent
Iris
Teresa
from
passing
the need
to use
any physical
physical
is plainly insufficient
to sustain a
The
finding that
____________________
9.
In
Hinojosa, the
________
Fifth
Circuit confronted
There
is absolutely
that
Hinojosa
touched, during
no evidence
was
struck,
the incident.
. .
or
even
Hinojosa
injuries
similar
or
intrusion.
He
in a
Hinojosa,
the
Jones'
testimony as far
as
most favorable
to
light
only harm
pointing
understandable
his
-2222
Supervisory Liability
gun
was
by
the
emotional
E.
occasioned
immediate
distress of Hinojosa
Thus,
_____________________
Finally, we affirm
summary
judgment
Toledo-D vila,
on
negligent
claim
Zapata, and
supervisory capacity.
were
the
in
the district
court s grant
of
that
defendants
Haddock,
Ort z-D az
are liable
in their
the
training
and
supervision
of
the
indifference to plaintiffs
Supervisory
predicated on a
constitutional rights.
liability
under
marks omitted).
there
1983
the basis of
liability,
and
be
Seekamp v. Michaud,
_______
_______
is subordinate
"cannot
(2) the
quotation
only if (1)
supervisor s
action
or
inaction
constitutional
was
"affirmatively
linked"
1988)).
"supervisory encouragement,
gross
to
negligence
amounting
condonation or
to
deliberate
the
See id.
___ ___
F.2d 881,
must amount to
acquiescence, or
indifference."
There
See supra.
___ _____
supposed
is no
possibility of
subordinate liability
falsehoods to
supervisory
Laboy.
Laboy's
condonation or
callous
-2323
indifference.
to Laboy's affidavit.
Plaintiffs
offer evidence
warrants
prove
every month.
that defendant
to execute at least
They also
Haddock
three search
Rico
irresponsibly
in a
criminal case
in 1985.
having acted
See
___
People v.
______
a supervisor's failure
miscreant officer
it
amounts
to
citing Laboy
before
the
a judicial officer.
"deliberate
indifference,"
And while
regarding a
liability where
see
___
Diaz
____
v.
a judicial opinion
events at
issue
here does
not
establish such
indifference.
III.
The district
judgment is
against
defendant Laboy
in
the
-2424
obtaining
of
the
search
warrant,
and
affirmed
________
with respect
to
all
other claims,
____________________
10.
After
oral
argument,
we
reverse as
district
court
to
Relief."
some
with
plaintiffs
the
Plaintiffs
defendants,
instruction
submitted
request that
we remand
that
to
it
U.S.C.
1367.
reversing
see it,
The
claims that
so without
district court,
prejudice
See
___
which
we are
As we
false statements
of the execution of
plaintiffs' invitation to
to
We decline
claim as
warrant application is
itself.
only
is the falsification
the claim
the
exercise
in his
state law
the search
instruct the
in its discretion, to
right
to ask
the
exercise supplemental
jurisdiction on remand.
Our disposition of this matter obviates the need to rule
on
defendants' "Motion
Request
for Relief
Requesting Appellants'
Be Stricken,"
which
they submitted
-2525
Supplemental
in