Case 3:11-cv-01436-JAF Document 1 Filed 05/12/11 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

JOSE R. PEREZ REISLER

Plaintiff,

v.

JOSE FIGUEROA SANCHA,

Superintendent of the Police Department, in his
individual and official capacity, JOSE ROSA CIVIL CASE NO.
CARRASQUILLO, Associate Superintendent,
VIOLATION OF CIVIL
LEOVIGILDO VÁZQUEZ, Auxiliary RIGHTS
Superintendent of Field Operations, JUAN
SERGIO RUBIN, Police Director of the San TRIAL BY JURY DEMANDED
Juan Region, JOHN AND JANE DOES AND
ROES, as of yet unidentified Police
Supervisor and Officers and members of the
Governor’s Body Guards, and the
SHERATON PUERTO RICO HOTEL AND
CASINO,

Defendants

COMPLAINT

COME NOW the plaintiff José R. Pérez Reisler, through the undersigned

attorneys, and respectfully state, allege and pray as follows:

JURISDICTIONAL STATEMENT

1. This action is a civil rights action brought by plaintiff José Rafael Pérez

Reisler against the defendants - members of the Police Department of Puerto Rico, the

Governor’s Security Force and the Sheraton Hotel and Casino, alleging that on May 14

and/or and May 20, 2010, they engaged in excessive use of force, illegal detention,
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inadequate recruitment, training and supervision in violation of the Fourth, Fifth and

Fourteenth Amendments to the United States Constitution and the laws and Constitution

of Puerto Rico. Plaintiff invokes equitable and legal relief pursuant to 42 U.S.C. Sections

1983 and 1988; and pursuant to the laws and Constitution of Puerto Rico. This Court has

jurisdiction over all federal claims pursuant to 28 U.S.C. §1331; and over the

Commonwealth claims pursuant to 28 U.S.C. § 1367.

THE PARTIES

2. Plaintiff José Pérez Reisler is a 31 years old citizen of the United States,

who resides in Moca, Puerto Rico

3. The defendant José Figueroa Sancha is and was at all relevant times the

Superintendent of the Police Department of Puerto Rico. He is sued in his official

capacity for equitable relief and in his personal capacity for damages. As Superintendent

and pursuant to law, defendant Figueroa Sancha is responsible for administrating and

directing the Police Department and supervising the administrative, operational,

recruitment, training, supervision and discipline of police officers.

4. The defendant José Rosa Carrasquillo Rosa was at all relevant times the

Associate Superintendent of the Police Department. At such, he was in charge and

participated of the police operations during May 2010.

5. The defendant Leovigildo Vázquez is and was at all relevant times the

Auxiliary Superintendent for Field Operations of the Police Department. At such, he is in

charge of every activity in the Puerto Rico Police Department that is related to the

protection of life and property, maintenance of law and order, the protection of civil

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rights and crime prevention. He was in charge and participated in the police operations

concerning the student protest of the University of Puerto Rico during May 2010.

6. The defendants Juan Sergio Rubin is and was at all relevant times, Police

Director of the San Juan Region (“Comandante”). He was at all relevant times

responsible of administrating, supervising and directing the Police Department in said

Region.

7. The defendants John and Jane Does and Roes were at all relevant times in

charge or members of the Tactical Operations Division (“TOD”), the SWAT Team and

the Special Force known as the Group of 100 that took action at all relevant times during

May 2010. The Tactical Operations Division, or better known by the Puerto Rican

citizens as "Fuerza de Choque" (could be translated as Strike, Shock or Crash Force), has

the primary mission of crowd control in cases of civil, social or political protests.

8. The Defendants John and Jane Does and Roes were at all relevant time in

charge or members of the Governor’s Police Force that took part in the acts of excessive

force at the Sheraton Hotel and Casino on May 20, 2010. By information and belief, the

Governor’s bodyguards are all members of the Police Force ascribed and/or detailed to

the Executive Mansion.

9. The other Defendants John and Jane Does and Roes are as of yet

unidentified police supervisor, police officers and members of the Governor’s Police

Force that personally participated in the lack of adequate recruitment, training and

supervision or in the intentional acts of excessive force and unlawful detention of May

14, and May 20, 2010 described in the complaint.

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10. The Sheraton Puerto Rico Hotel and Casino (the Sheraton Hotel) is located

at 200 Convention Boulevard in the Convention District in San Juan, Puerto Rico; and

through its officials, managers, officers, agents and security personnel participated in the

intentional acts of excessive force and unlawful detention of May 20, 2010 described in

the complaint or was negligent in affording security to the plaintiff.

11. All the natural defendants are sued in their personal capacities, but for José

Figueroa Sancha, who is also sued in his official capacity.

STATEMENT OF THE FACTS

12. Upon getting his high school degree, Plaintiff Pérez Reisler entered the

University of Maryland at Baltimore County (UMBC), where in 2004 he obtained his

B.A. in Psychology, with a minor in Sociology.

13. While at the UMBC, Plaintiff was an outstanding student: he made the

Dean’s List, was designated a USAA All-American Scholar, and was a consummated

chess player and part of the University chess club that won the Latin-American

Championship. In addition, in the times off from college, the Plaintiff also served in the

national program known as AmeriCorps, dedicated to community work in the United

States, and a research assistant in the Center for Wrongful Convictions in Chicago.

14. In 2006, Plaintiff commenced his post-graduate studies at Northwestern

University in Chicago, but in 2008, he transferred to the University of Puerto Rico, Río

Piedras Campus, where he is presently enrolled for a Master of Arts Degree in Sociology.

At all relevant times during 2010, Plaintiff Pérez Reisler was enrolled in the Master’s

Program and was working on his thesis.

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15. As a student at the University of Puerto Rico, Plaintiff was a participant in

the student movement that commenced during April 2010 in protest over the elimination

of financial aid to certain students decreed by the University administrators. As a result

of said objections, the students called for a 48-hours strike commencing on April 19,

2010, that subsequently became a general strike that lasted over several months..

16. On May 13, 2010, the student assembly held at the Convention Center

ratified the student strike at the University of Puerto Rico.

17. On or about May 13, 2010, Defendants Figueroa Sancha received

instructions from the Governor Luis Fortuño Burset and/or his aides not to allow students

into the University Campus

18. On or about May 13, 2014, defendants Superintendent Luis Figueroa Sancha

ordered Defendants Rosa Carrasquillo and Leovigildo Vázquez to close the University to

the students and activated the Crash Force, the SWAT Team and the Group of 100 to

achieved said purpose.

19. On May 14, 2011, the Police Department encircled the Rio Piedras Campus

with policemen.

20. On May 14, 2010, Plaintiff attempted to enter the University grounds

through the entrance near the Social Sciences Faculty. At the time Plaintiff carried a

backpack that contained his Personal Computer (PC), his cell phone, and a hard-disk

backup to his computer. His PC contained the Master’s Thesis he was working on.

21. On May 14, 2010, as a result of the Orders given by the above defendants to

the Police Force, several police officers assaulted the Plaintiff as he peacefully attempted

to enter the Campus, threw him to the ground, handcuffed him, and while he was
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immobilized, a police officer on each side of him aimed a canister of pepper spray to

each of his eyes, and maced pepper spray directly to his irises, causing instant pain and

blindness, and leaving the plaintiff without sight and severely hurt and bruised.

22. Under these circumstances, one Police officer seized Plaintiff’s backpack

with his PC and other belongings in it, while other Police officers detained and shoved

him into a vehicle. Given his critical condition, plaintiff was taken to a Treatment and

Diagnostic Center first in Río Piedras, and then, because it could not provide X-rays, to

Puerto Nuevo. There he was examined and X-rayed for beatings received to the skull,

arms and legs; he was given a tetanus shot, and otherwise provided medical services. In

all, Plaintiff was detained from about 1 to 10 PM.

23. While in the Police vehicle, the Plaintiff was threaten on several occasions

by the Police officers who intimidated him by phrases such as: Now, you are in our hole,

so you better be good or else.

24. Later that night, the Police freed Plaintiff and his sister and mother, Marisela

Pérez Reisler and Donna Reisler, picked him up. His sister asked the Police for his

belongings, but the Police replied that they did not know about them.

25. Subsequently, the plaintiff personally and through his legal counsel engaged

in numerous petitions to recover the backpack that was taken from him, and which

included his PC that held his Master’s Thesis. On one occasion, the plaintiff’s cell phone

was called, and a man who identified himself as a Police officer answered, but

immediately hung up. The Police inclusively held an investigation of the

misappropriation event, but to this date, they have not been able to locate the same. In

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sum, the Police took and stole the backpack containing his PC and other belongings or

otherwise negligently secured the seized property of the plaintiff.

26. The Police never filed criminal charges against the Plaintiffs for the events

that transpired on May 14, 2010.

27. On May 20, 2010, the students learned that the Governor would be giving a

speech at $1,000 a plate political fundraiser at the Sheraton Hotel at the Convention

District.

28. Because the students thought it was immoral to be charging so much for a

plate of food while the government was eliminating financial aide to students, Plaintiff

and about two dozen students and other members of the civil society went to the Hotel

grounds to protest the Governor’s fundraiser.

29. The plaintiff first protested outside of the Hotel, but a while later, when the

Police refused to honor an agreement to allow the presence of a sound vehicle, the protest

moved to the Hotel lobby. There they peacefully marched for about 15 minutes chanting

slogans and carrying placards without any type of encounter or confrontation.

30. In particular, the Hotel and Police security videos show that Plaintiff

marched pacifically, carrying a placard that read: I graduate, but I support the strike. At

no time did he provoke or physically confront any of the Police or Hotel security forces at

the site.

31. At some later moment, there was a shoving match between some students

and either the Police officers, the Governor’s bodyguards and/or the Hotel security.

These John and Jane Does and Roes defendants then started chasing after and beating the

protesters.
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32. Plaintiff was one of the students that was chased by the defendants, he was

punched and knocked down, and while he was facing down and defenseless, the

defendant Police or Hotel security repeatedly used a high intensity electric cattle prod

(taser) on him, which made the Plaintiff scream in pain. A taser is a prod-like device that

uses propelled wires or direct contact to electrically stun and incapacitate a person.

33. On this day, May 20, 2001, Defendant Associate Superintendent Rosa

Carrasquillo was present and participated in the direction of the Police operations at the

Hotel. This defendant, in plain sight, kicked the Plaintiffs hard in the testicles while he

was held down defenseless by other policemen in the floor of Sheraton Hotel lobby.

34. Although Defendant Rosa Carrasquillo publicly denied this, the media

pictures showed him in the act.

35. Defendant Superintendent Sancha Figueroa publicly endorsed the action of

defendants Rosa Carrasquillo, calling him, my right hand man.

36. On May 20, 2010, Plaintiff was taken to various police centers, the last one,

the Tactical Operations Unit Center in San Juan. When the plaintiff complained about

his bodily injuries and the use of a taser on him, he was told that the police had no

authority to use tasers, that it must have been the Hotel security. The plaintiff does not

know to this date, if the John or Jane Does and Roes who tased him, were Police officers,

the Governor’s body guards or Hotel security personnel.

37. The Police defendants have in their possession, videos of the incidents of

May 20, 2010, including the tasing of the Plaintiff.

38. The Hotel defendant has in its possession, security videos of the incidents of

May 20, 2010, including the tasing of the Plaintiff.

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39. As a result of the use of excessive force on him by the defendants, and the

physical trauma inflicted on him, Plaintiff was taken for treatment at the Medical Center

in Río Piedras, and was not released from the Medical Center until May 22, 2010. In

particular, the plaintiff lost all sensations in part of his hand, was physically stunned, and

the test that reveal an extraordinary high level of enzyme release show that he received

bodily damage from the electrocution inflicted on him akin to a heart attack.

40. The Police never filed criminal charges against the Plaintiffs for the events

that took place on May 20, 2010.

41. In the detention of the plaintiff of May 14, 2010, the Police defendants

engaged in excessive force against the plaintiff, among other things, by the unnecessary

and unlawful immobilization of the Plaintiff and the use of pepper spray directly in his

eyes with the purpose of intentionally and maliciously injuring the Plaintiff physically

and mentally.

42. In the detention of the plaintiff of May 20, 2010, the Police defendants John

and Jane Does and Roes engaged in excessive force against the plaintiff, among other

excessive force, by the unnecessary and unlawful use of high-charged taser applied to his

body with the purpose of intentionally and maliciously injuring the Plaintiff physically

and mentally.

43. In the detention of the plaintiff of May 20, 2010 and May 20, 2010, the

Police defendants John and Jane Does and Roes failed tom intervene what was clearly

acts of excessive force against the plaintiff, among other excessive force, by the

unnecessary and unlawful use of high-charged taser applied to his body with the purpose

of intentionally and maliciously injuring the Plaintiff physically and mentally.

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44. In authorizing the use of pepper spray, tasers and excessive force by certain

police officers or members of the Governor’s Body Guards, the Defendant Police

Superintendent Sancha Figueroa, Associate Superintendent Rosa Carrasquillo, and

Auxiliary Superintendent Vázquez, among other yet to be identified John and Jane Does

and Roes, engaged in inadequate recruitment, training and supervision of the police force.

45. All the defendants acted in reckless disregard of the Plaintiffs constitutional

rights, for which reason he is entitled to punitive damages.

46. As a result of foregoing conduct and other incidents, in September 2010 the

Governor of Puerto Rico named a Special Monitor, former Supreme Court Efrain Rivera,

to review the legality of the Police protocols and procedures that apply to situations of

excessive force and violations of civil rights, and investigate Police violations of the

same. To this date, said Monitor has yet to render a public report.

47. As a result of foregoing conduct and other incidents, on January 27, 2011,

the Puerto government entered into a Memorandum of Agreement with the United States

Department of Justice with respect to the respect training and knowledge of Puerto Rico

Police force in the areas of Hate Crime and Civil Rights.

48. As a result of foregoing conduct and other incidents, on March 10, 2011, the

American Civil Liberties Union has requested the intervention of the United States

Department of Justice. The letter states: “in order to quash the peaceful protest, the

government has activated the Riot Squad who joined the elite SWAT Team on several

occasions, resorting to extreme police brutality against protesters. Students have been

mercilessly beaten, maced with pepper spray and shot at with rubber bullets. Police have

also applied torture techniques in immobilized student protesters, …” Subsequently, the

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ACLU sent an investigative team to Puerto Rico to investigate the abused committed by

the Police against the University students.

FIRST CAUSE OF ACTION

49. The excessive use of force by the defendants, and the absence of adequate

training and supervision, was grossly unreasonable under the circumstances and violated

Plaintiff’s right not to be subjected to unreasonable seizure guaranteed by the Fourth

Amendment of the United States Constitution.

50. In addition, the failure to intervene by other defendants in the face of the

clear absence of adequate training and supervision was grossly unreasonable under the

circumstances and violated Plaintiff’s right not to be subjected to unreasonable seizure

guaranteed by the Fourth Amendment of the United States Constitution.

SECOND CAUSE OF ACTION

51. As the proximate cause of the defendants’ excessive use of force against the

Plaintiff and others failure to intervene, he was deprived of liberty in clear violation of

her due process rights under the Fourteenth Amendment.

THIRD CAUSE OF ACTION:

LAWS AND CONSTITUTION OF PUERTO RICO

52. The acts and omissions of the state defendants and the Sheraton Puerto Rico

Hotel and Casino breached Article 1802 and Article 1803 of the Civil Code of Puerto

Rico. Pursuant to the law of Puerto Rico, the acts and omissions of the defendants

described herein constitute wrongful detention, excessive use of force, and violation of

due process, all in violation of Article II of the Constitution of Puerto Rico and 1 LPRA

Sections 10 and 11

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JURY DEMAND

53. Trial by Jury is requested in all causes of action.

PRAYER FOR RELIEF

As a consequence of the causes of actions raised hereby, the defendants are liable to

the plaintiffs for the damages inflicted upon them. Plaintiffs sue for relief as set forth

below:

1. Find that the defendants have violated plaintiff’s rights and enter

declaratory judgment accordingly

2. Grant preliminary and permanent injunction prohibiting, restraining and

enjoining, the defendants, agents or anyone acting in concert with them or

pursuant to their orders, or their successors in any representative capacity,

from violating any Constitutional and statutory rights of the plaintiff;

3. General damages for Plaintiff in the sum of $5,000,000.

4. The imposition of post and prejudgment interest;

5. Punitive Damages in the sum of $5,000,000.00.

6. Costs and attorneys fees pursuant to § 1988.

7. All other relief to which they may be entitled or may be deemed just and

proper.

RESPECTFULLY SUBMITTED.

In Guaynabo, Puerto Rico, this May 12, 2011.

LANDRÓN & VERA, LLP

Centro Internacional de Mercadeo
100 Carr 165, Torre I, Ste 203
Guaynabo, P.R. 00968-8048
Tel. (787) 774-5959
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FAX (787) 774-8181

S/ Eileen Landrón Guardiola

EILEEN LANDRON GUARDIOLA
SDC-PR-203006
Email: elandron@landronvera.com

S/ Eduardo Vera Ramírez

EDUARDO VERA RAMIREZ
USDC-PR-209713
Erial: evera@landronvera.com

S/Luis A. Rodríguez Muñoz

LUIS A. RODRIGUEZ MUNOZ
USDC-PR 214511
Email: lrodriguez@landronvera.com

S/ Carlos A. Del Valle Cruz

Carlos A. Del Valle Cruz
USDC-PR-130604
cdelvallecruz@gmail.com

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