Civil No. 08-1486 (FAB)2
I.FACTUAL BACKGROUND A.Procedural Background
Caceres’ wife, Evelyn Ramirez-Lluveras, and their threechildren, Jenitza Caceres, MC and MAC (collectively, the“plaintiffs”) filed an amended complaint on behalf of themselvesand Caceres against several field officers in the Puerto RicoPolice Department (“PRPD”), Javier Pagan-Cruz (“Pagan”), CarlosSustache-Sustache (“Sustache”), Zulma Diaz (“Diaz”) (collectively,the “field officers”) and the supervisory defendants. (Docket
No. 64.) Plaintiffs allege that their rights under the Fourth,Fifth, Eighth, and Fourteenth Amendments of the Constitution wereviolated when Caceres was forced to the ground by the fieldofficers and was eventually shot and killed by then Officer Paganin the Punta Santiago sector of Humacao, Puerto Rico. Id. Theyalso seek damages pursuant to article 1802.In an opinion and order dated October 3, 2011, the Courtdismissed all claims against the supervisory defendants except forplaintiffs’ Fourth Amendment claim in their representativecapacities, pursuant to section 1983 and article 1802. (DocketNo. 332.) On February 18, 2011, the supervisory defendants filedtheir motion for summary judgment pursuant to Rule 56. (DocketNo. 249.) Plaintiffs opposed on March 15, 2011. (Docket No. 262.)Pagan has been convicted of killing Mr. Caceres. Diaz and
Sustache were found not guilty by a jury.
Case 3:08-cv-01486-FAB Document 338 Filed 12/22/11 Page 2 of 34