Diaz-Rodriguez et al v. Figueroa-Sancha et al

Filing 183

ORDER: ADOPTING 179 "Report and Recommendation." Accordingly, defendants' "Motion for Summary Judgment and Memorandum of Law in Support Thereof" at Docket No. 134 is DENIED. Signed by Judge Pedro A. Delgado-Hernandez on 3/28/2016. (DJP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
ADALBERTO DIAZ-RODRIGUEZ,
Plaintiff,
CIVIL NO. 12-1243 (PAD)

v.
JOSE FIGUEROA-SANCHA, et al.
Defendants

ORDER
Plaintiffs initiated this action against various defendants alleging excessive use of force
and related claims under 42 U.S.C. § 1983 and Puerto Rico law. Their claims stem from an
intervention by officers of the Puerto Rico Police Department. Before the court is co-defendants
José Figueroa-Sancha, Leovigildo Vázquez, Carlos Colón-Alsina, and Juan Carlos Díaz-Lebrón’s
(“Defendants”) “Motion for Summary Judgment and Memorandum of Law in Support Thereof”
(Docket No. 134), which plaintiffs opposed (Docket No. 155). Defendants replied (Docket No.
174). The motion was referred to Magistrate Judge Vélez-Rivé, who issued a Report and
Recommendation (“R&R”)(Docket No. 179).
After considering defendants’ objections, and a de novo review of the record, the court
determines that the magistrate judge’s findings are supported by the record and the law. The Court
hereby ADOPTS in its entirety the magistrate judge’s R&R, (Docket No. 179), and, accordingly,
DENIES defendants’ motions for summary judgment, (Docket Nos. 134).
SO ORDERED.
In San Juan, Puerto Rico, this 28th day of March of 2016.
S/Pedro A. Delgado-Hernández
PEDRO A. DELGADO-HERNÁNDEZ
United States District Judge