Burgos-Yantin v. Municipality of Juana Diaz, No. 14-1359 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the order of the district court exercising its ancillary jurisdiction to enforce a resolution issue by the Puerto Rico Secretary of Justice (Secretary) directing the Municipality of Juana Diaz (Municipality) to indemnify two municipal police officers found liable under Puerto Rico tort law after a federal jury trial for using excessive force resulting in a death, holding that ancillary enforcement jurisdiction was appropriate.
Appellee and other family members filed this action after the shooting death of their relative at the hands of police. The jury returned a verdict for Appellee with respect to her negligence claims against two municipal police officers in their personal capacities, and the district court entered judgment against the officers. After the Secretary issued a resolution under a Puerto Rico statute referred to as “Law 9” requiring the Municipality to pay the judgments against its officers, Appellee filed a motion requesting the garnishment of the Municipality’s assets. The district court granted the motion. The First Circuit affirmed, holding that the district court had jurisdiction to enforce the Secretary’s Law 9 resolution against the Municipality.
The court issued a subsequent related opinion or order on January 24, 2019.