Irizarry-Vazquez v Hogar La Misericordia et al

Filing 22

OPINION and ORDER granting 14 Motion to Dismiss for Failure to State a Claim. Partial judgment shall be entered accordingly. Signed by Judge Juan M. Perez-Gimenez on 08/15/2014. (TW)

UNITED STATES DISTRICT COURT
DISTRICT OF PUERTO RICO
JUAN IRIZARRY-VAZQUEZ,
Plaintiff,

Civil No. 13-1388 (PG)

v.
HOGAR LA MISERICORDIA, ET AL.,
Defendants.
OPINION AND ORDER
The

plaintiff,

Juán

Irizarry-Vázquez,

claims

that

the

Municipality of Adjuntas is liable for the elder abuse suffered by his
now deceased father.
facts

to

raise

a

Because Irizarry-Vazquez has not pled sufficient

plausible

inference

of

liability,

we

grant

the

Municipality’s motion to dismiss under Civil Rule 12(b)(6).
I.
Background
Irizarry-Vázquez’s father, Tomás Rivera-Romero, was a resident of
Hogar La Misericordia, an elderly-care facility located in Adjuntas,
Puerto Rico.

Irizarry-Vázquez maintains that, while a resident of

Hogar La Misericordia, his father suffered neglect and abuse that
resulted in his hospitalization and, ultimately, his death in May of
2012.
La

On May 16, 2013, Irizarry-Vázquez filed this suit against Hogar

Misericordia,

parties.
dismiss.

the

Municipality

(Docket No. 1.)
(Docket No. 14.)

of

Adjuntas

and

several

unnamed

The Municipality of Adjuntas moved to
We grant the motion.

Civil No. 13-1388 (PG)

Page 2

II.
Legal Standard
A plaintiff’s complaint will survive a motion to dismiss if it
alleges sufficient facts to establish a plausible claim for relief.
See Fed.R.Civ.P. 12(b)(6); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
assessing

a

claim’s

complaint

in

the

plausibility,

plaintiff’s

the

favor,

court

must

accept

all

construe

In
the

non-conclusory

allegations as true, and draw any reasonable inferences in favor of
the plaintiff.

Marrero-Rodriguez v. Municipality of San Juan, 677

F.3d 497, 500 (1st Cir. 2012) (citation omitted).
III.
Discussion
The

Municipality

of

Adjuntas

argues

that

Irizarry-Vazquez’s

complaint fails to fully comply with Civil Rule 8(a)(2) and therefore
warrants dismissal of any claims against them. (Docket No. 16 at 6.)
We agree that all claims against the Municipality fail.
A plaintiff cannot overcome a Rule 12(b)(6) motion to dismiss
with

conclusory

allegations

that

some

defendant

violated

the

law.

Instead, the sufficiency of a complaint requires the plaintiff to
plead enough “factual matter” to raise a “plausible” inference of
wrongdoing.

Iqbal, 556 U.S. at 678.

In other words, a complaint must

at least contain minimal facts indicating “who did what to whom, when,
where…”.

Educadores Puertorriquenos en Accion v. Hernandez, 367 F.3d

61, 68 (1st Cir. 2004).
Here, Irizarry-Vazquez asserts that the Municipality is the owner
“and/or administrator” of Hogar La Misericordia.

(Docket No. 1 at 2.)

But on the very same page of his complaint Irizarry-Vazquez notes that

Civil No. 13-1388 (PG)

Page 3

Hogar La Misericordia is a “private entity” providing elderly-care
services.

(Id.)

Irizarry-Vazquez can lay claim to at least a partial

truth: Hogar La Misericordia is a private entity, incorporated by the
Commonwealth of Puerto Rico to provide elderly-care services.
No. 14-2.)

(Docket

However, the Municipality of Adjuntas neither owns nor

operates Hogar La Misericordia.

(Docket No. 17.)

Because Irizarry-

Vazquez has offered no factual matter linking the Municipality of
Adjuntas to his tort claims, his claims against the Municipality fail.
IV.
Conclusion
For the foregoing reasons, co-defendant Municipality of Adjuntas’
motion

to

dismiss,

(Docket

No.

14),

is

GRANTED.

The

plaintiff's

federal law claims against the Municipality of Adjuntas are DISMISSED
WITH PREJUDICE.
IT SO ORDERED.
In San Juan, Puerto Rico, August 15, 2014.
S/ JUAN M. PÉREZ-GIMÉNEZ
JUAN M. PÉREZ-GIMÉNEZ
UNITED STATES DISTRICT JUDGE