Professional Documents
Culture Documents
No. 96-1024
FLOR MARIA SOTO,
Plaintiff, Appellee,
v.
____________________
ERRATA SHEET
ERRATA SHEET
The opinion of
as follows:
On page
21, line 2:
95 F.3d 11
____________________
No. 96-1024
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
Gary Broida
___________
was on bri
for appellant.
Vannessa Ramirez,
_________________
Justice, with
Assistant
Solicitor
General,
for appellees.
___________________
January 13, 1997
____________________
Department
was on br
Rodriguez shot
killed
to
himself.
Rodriguez's wife,
about
death his
the
Rodriguez's
On
two
This tragedy
April
21, 1991,
young children
occurred
physical
and
hands.
emotional abuse
The
police,
she
knowing
and
four days
Angel
then
after
to the police
suffered
at
Rodriguez
had
if Soto went to
the
violated
their obligations
of confidentiality
family.
had
and informed
the police
what he
officer,
and
superintendent
42 U.S.C.
1983, claiming
Ismael
of police,
Betancourt-Lebron,
violated her
Puerto
and her
police
Rico's
children's
the
laws.
favor
of
the defendants.
We
granted summary
do
not reach
judgment in
the difficult
of
would
survive summary
judgment,
because we
find that
the
defendant
that
claim.
standard
cases.
that
officers
for
are protected
by qualified
immunity on
As to the
measuring
such
in
domestic violence
standard, we find
Soto
has
discriminatory
not
intent
claims
we adopt a
adduced
to
sufficient
survive
evidence
summary
of
judgment.
I. Facts
We recite
the
plaintiff, the
party opposing
Rodriguez
and
summary judgment.
Flor
Chayanne, a
boy, in
1988.
Approximately a
year into
physically.
This
abuse,
often connected
to
apparent
to family
and friends.
As
Rodriguez's
one neighbor
put it,
"anyone who visited them could tell that [Soto] was an abused
mistreatment of Soto,
Rodriguez
the police
of
the Rio
several of
Grande
precinct.
Rodriguez
-33
Station, a sub-station
was friends
with
Carrasquillo-Morales
("Carrasquillo")1 and
Flores-Moreira ("Flores").
almost daily.
area,
Many of the
drink.
about once
Flores
defendant Carlos
Rodriguez visited
and Rodriguez
a week, during
the
were
his patrol
station
in the
coffee or a
particularly friendly;
rounds, Flores
would
about
her face
and
insulting names.
neck,
When
bruising
her,
and
called
mother,
file a
complaint.
she
Rodriguez.
In nine
believed
Rodriguez
Knowing
members of
that
years of beatings,
some of them
the police
would
sought help
do
nothing,
other
Soto's
worse than
because
her
her
that Rodriguez
had
threatened her
told her
family if
with
that he would
she
was friendly
went to
with the
gun on
kill her
the
and
police.
police, Soto
____________________
1.
sought and
as a defendant in this
court proceedings.
-44
In
could appeal,
voluntary dismissal
of her
When
on duty.
and marked
case.
During
the fifteen
to twenty minutes
that Soto
and
him to be
patch things up
with Rodriguez.
put in
jail.
He
urged Soto
Soto responded by
to
telling
to stand and
that,
as Flores
knew,
Rodriguez was
that Rodriguez
offered
Soto
a heavy
drinker, who
the
opportunity
to
stay
overnight
Flores
at
the
station.
told
him that Soto was "the lady with the Law 54 complaint."
When
the
patrol officers,
arrived, Flores
Carrasquillo
said, "This is
and
Jose Serrano,
told them
____________________
2.
The
Sergeant
district
court
denied
Orta as a defendant.
-55
belated
No appeal
motion
to
add
to the
Soto
everything
that
was
Carrasquillo took
said
in
Soto's
the desk
The door
Flores listened to
conversation
with
Carrasquillo.
Rodriguez's
behavior,
and
showed
him
Soto
replied by
explaining her
her that
if she put
her
bruises.
Rodriguez jailed.
situation to
the officers.
him in jail,
he would get
had told
out quickly
because his family had money and that he would then kill her.
She told Carrasquillo that Rodriguez had told her that if she
attempted to put
sisters so
him in jail,
mother and
he would then
Having told
about Rodriguez's
threats,
Soto
asked
them
was
Although
Soto
did
not
to
use the
do
what
words
appropriate.
"domestic
violence
the
officers
Carrasquillo
she
wrote
was
down
initiating
everything
the
she
complaint
said
against Rodriguez.
-66
process.
during
the
a complaint
legislature
domestic
effect.
In November 1989,
enacted one
of the nation's
violence laws,
Intervention
the Domestic
the Puerto
most comprehensive
Abuse
Rican
Prevention and
54."
In addition
to
tit.
8,
required
54 has been
631-635, 638
to take all
recurring,
including
information
about
violated.
(Supp. 1995).
steps necessary to
providing
social
the
services and,
complainant
if
she
with
expresses
Id.
___
640.
Law 54
not
any charges
superintendent
are ever
is
filed.
charged
Id.
___
with
establishing
persons
involved in
Implementing
police
that
detail the
arrest
incidents of
regulations
issued
The police
"norms
domestic violence."
by the
are
to
superintendent
officer's responsibilities,
determinations
Procedures to Attend
641.
not
to
be
reluctance.
to Domestic Violence
Id.
___
of
and instruct
affected
by
Rules and
Incidents, Puerto
-77
Rico
Police
regulations
General
Order
explicitly
No.
state
86-26m
that
(Rev.
police
1).
The
attempts
at
Id.
___
at 4.
reports
The regulations
be kept
require that
confidential, in
domestic violence
separate files,
arrest.
and that
Id. at 19.
These
___
Domestic
violence . .
. frequently ends
in intra-family homicide
all
the
components
and it
affects
the
family,
of
Id. at 1.
___
his
interview
Carrasquillo
with
Soto,
did not
tell
an
order of
visited
police
which
took
Nor
did
no
he prepare
falsely indicated
for advice
of
for obtaining
Carrasquillo wrote up
solely
action.
the availability
or about procedures
Instead,
Report,"
the
Soto about
protection.
violence report.
Services
Carrasquillo
that
relating
domestic
an "Other
Soto
to
had
child
custody.3
____________________
3.
at
the station that night and that the Other Services Report
produced
by the
part
a cover-up,
of
commit perjury.
testimony
of a
defense is
an after-the-fact
which included
pressure on
Her claim
of forgery is
handwriting
expert, and
-88
forgery, and
Flores to
supported by
the
Flores's testimony
Carrasquillo
discussed
signed
the
Other
Services
Soto's complaint
evening.
Report
with his
he
did
so
despite
information that this was a Law 54 situation and that the men
Sergeant
Flores.4
Orta discussed
Flores
the
told him
"Other
that
Services" report
Rodriguez and
with
Soto
was an alcoholic.
had
Flores
Sometime the
despite knowing
of Rodriguez's
18, Officer
threats to commit
Flores,
murder if
That
sister,
that
He
Glorivee Soto,
Soto's
that "the boys" from the police station had told him
Soto wanted to
put him in
at
he would not
the plaintiff
a local
tire
shop.
Rodriguez,
visibly
____________________
4.
killings.
On
that
Services
reprimands
for
Report
failing
prepared
to
act
by
Carrasquillo,
pursuant
to
the
merited
norms
was
a subject
of
that investigation,
although Flores
was
-99
home
jail.
was going to
it.
to their
throw him in
On
again
Saturday,
came to
Vega's home
Soto refused to
prospect
the
go, but
twentieth of
and invited
April,
Soto to
of an outing with
Rodriguez
the beach.
at the
rare
Rodriguez
promised.
but both
Finally, at
home determined to
arrived.
8:00 p.m.
on April 21,
Soto, mindful
As she
stood on
the
had
the family
Soto
Rodriguez
her
father,
"Daddy, no,
Carrasquillo and
Rodriguez
then shot
Rodriguez
When
the
police,
hospital.
Daddy, no."
including
dead.
-1010
The
to the
On the wall
children, Rodriguez
of the room
had
written a
message said,
message which
confirmed
his
The
Flores knows it," and "Law 54, which is only a tool for women
the
alleged that
rights
Additionally,
she
alleged
to equal protection
that Superintendent
of the laws.
Betancourt-
Lebron
was liable
for
his failure
to
properly train
and
to dismiss,
In
and, in
defendants
asserted
protections
of
they
qualified immunity.
summary judgment.
that
summary judgment.
were
In
entitled
an opinion
As to
to
the
dated
motion for
claim, the
court
action
process based on
injury to a
family member, the death of Soto's children did not give rise
to
a cognizable claim.
Soto v. Carrasquillo,
____
____________
878 F. Supp.
________________
______
-1111
F.2d 6,
evidence
1986)).
As to
on discriminatory
intent
adduce enough
and causation
to defeat
Soto
requested
reconsideration;
as
part
court
treated the
claim
on behalf
complaint as
of
the
amended, but
children,
holding
to bring
The district
dismissed the
it
barred
of her
by
The court
Soto
appeals.
Soto
alleges
presses
that the
had
distinct claims.
defendants' actions
children's rights to
the defendants
two
due process.
a custom
or
First,
violated her
she
and her
policy of
providing
less
other
assaults,
discrimination,
that
that
this
this
was
the
caused her
result
injuries,
of
gender
and
protection.
that
We
elements.
claim
under
section
1983
has
two
essential
-1212
rights
secured
by
the
Constitution
or
by
denial of
federal
law.
116
S.
Ct. 515
(1995).
plaintiff to prove
The
second element
the
alleged
deprivation.
See
___
1983
imposes
a causation
requires the
of federal right,
a cause in fact of
Maldonado-Santiago
__________________
v.
requirement
similar
to that
of
Soto
attributable
actions
claims that
to
the
the deaths
of her
defendants' actions,
children are
and
that
those
"substantive
due process
life
interest."5
We
examine
her children.
1.
____________________
5.
Some victims
alleging
of abuse
that
procedural due
__________
official
process.
Human Resources,
________________
nonfeasance
deprived
902 F.2d
474,
476-77
1983 claims
them
of
v. Cabinet for
____________
(6th Cir.),
cert.
_____
1990).
In these
cases,
process
protection
against
claim.
does not
Thus,
deprivation.
e.g,
____
appear to make
we
See,
____
do
not
a procedural
address
whether
due
the
-1313
The
district
court
held
that
Soto,
in
her
individual
capacity, could
not
bring a
due process
claim
On
so
holding and
that
the injury
she
complains of
is
not
also
comprehends
the
mental
anguish
she
has
suffered
personally.
We review
judgment de novo.
__ ____
Cir. 1996).
the
district court's
summary
correctly
grant of
applied
disputed facts
the
substantive
law
and
to change the
whether
any
outcome of
the suit.
See Martinez v.
___ ________
983-84 (1st
Cir. 1995).
the
companionship
of one's
807
F.2d 6, 8
family
members
free from
enjoy
all
establish a
be permanent . . . is
violation
of a
identified
not sufficient to
liberty
interest."
cert. denied,
____________
-14-
14
not
ordinarily
process
claim
give
those
under
still alive
section 1983.
See
___
cognizable
due
Manarite
________
v.
Springfield, 957 F.2d 953, 960 (1st Cir.)(child could not sue
___________
police
for
failure
to
prevent
father's
suicide),
cert.
_____
despite the
ending
where prison
tragic outcome,
or affecting Soto's
relationship with
aimed at
her children.
Nor can Soto successfully distinguish her case from the cited
precedents
anguish.
but
of
the
plaintiff
right.
heartbreaking
against
by
whether
federal
this court
all
While
She
to
her own
mental
can establish
Soto's
magnitude, the
harms.
pointing
loss
violation
was
of
Constitution does
herself
was
not
of
enormous,
not protect
deprived of
2.
Children.
________
In deciding Soto's
so
as to bring a claim
The court then found that the children's claim was foreclosed
-1515
by DeShaney, dismissed
________
for
for
abuse
of
discretion.
See
___
1994).
For
purposes
complaint,
as amended,
committed
legal
representative of
which
relief could
Hartmarx,
496 U.S.
error
of this
appeal,
to determine
in
we consider
if the
holding
that
Soto's
district court
Soto,
as
be
granted.
384, 405
See
___
(1990) (district
v.
court abuses
________
discretion
when it
makes
Computervision Corp.,
_____________________
error of
90
F.3d
law);
617
cf. Glassman
___ ________
(1st
Cir.
v.
1996)(in
against
private
violence
simply
does
Clause."
not
individual
constitute
We
agree that if Soto's argument were simply that Flores and his
brother
officers
Rodriguez,
it
failed
to
would clearly
protect
fail.
her
children
See, e.g,
___ ___
Pinder
______
from
v.
Johnson, 54
_______
process claim
Cir.) (en
banc) (rejecting
due
to protect domestic
-1616
violence
Balistreri
__________
victim),
cert. denied,
_____________
116 S.
Ct.
530
(1995);
1990)(same).
However, Soto
protect.
record,
She
claims,
that Officer
and her
claim
Flores visited
mere failure to
has support
in
Rodriguez at
home and
told him that Soto had been to the police station and
to jail
him.
not
character well,
had
him
only
because
Flores
went to
wished
information,
the
knew
to this
Rodriguez's
members if she
jailed.
Soto alleges
that Flores
misused information
that this
Soto
of
constitutional
dimension
constitutional
violence.
the Supreme
duty to
owed
to
Soto's
children.
protect
its
citizens from
However,
have a
private
in DeShaney,
________
case before it and other cases in which the state created the
-1717
may have
been aware
of
world,
it played
no
part
in
to them.
to his
no worse position
he
Id. at 201.
___
to
vulnerable to harm.
Soto
thus contends
DeShaney, in
________
1983
by
plaintiff."6
original);
it
an
wherein
officer
directly
________
Pinder,
______
54
outside
at
scope
of
alternate framework of
plaintiff
F.3d
the
alleges
caused
1176 n.*
harm
that
to
(emphasis
some
the
in
officers
falls
liability
conduct
that
had failed
to act
upon reports
of
past violence
would not implicate the victim's rights under the Due Process
Clause,
an allegation
____________________
that
the officers
in
some way
had
6.
creation
cases
was
Circuit in Bowers
______
While holding that
colorfully
described
by
the
Seventh
constitutional right to
be
to
position of
protect
him, .
active
Id. at
___
-1818
is
as much
then
an
618.
it
persons and
assisted in creating or
the victim
Not
every negligent,
or even
willfully reckless,
danger
"take[s] on
of the
federal
the added
character of
Constitution."
Monahan v.
_______
[a] violation[]
Dorchester Counseling
______________________
of risk situation,
third party,
where the
courts must
ultimate harm is
be careful to
In a creation
caused by
distinguish between
between
at 1175-78.
as
The scope
based
on
of any
state-created
permissible section
danger
F.2d at
993-94.
resolved
Because we
theory
is
F.3d at 1175;
find that
on immunity grounds,
1983 action
this
we choose
difficult
Monahan, 961
_______
claim may
not to
be
reach this
question.
3. Qualified Immunity.
______________________
Flores
and
Betancourt-Lebron
constitutional
rights,
the
violated
issue
her
becomes
children's
whether
the
from suit.
analysis.
There
are
two prongs
v.
to
qualified
immunity
-1919
Cir. 1995).
a matter of
established at
the
right is
alleged violation.
court must
Id.
___
If
then ask
whether a
Id.
___
To
begin,
Soto's
arguments
against
immunity appear
to misconstrue
the doctrine.
with evidentiary
support, that
violate Law 54
they
knew or
violating it.
possible if
qualified
Soto argues,
the defendants
reasonably should
have known
also that
that they
were
the official
knew he was
violating plaintiff's
rights."
The
Supreme
Court has
considered,
and rejected,
Davis v. Scherer,
_____
_______
468
official
could
conduct that
not be
reasonably
norms.
contravened a
objectively reasonable
be expected
Id. at 193.
___
to
statute
or regulation
because officials
conform their
conduct to
may
legal
the interests in
public
officials' effective
Id. at
___
performance of
-2020
their duties."
195.
lose
"Officials sued
merely because
do not
their conduct
Borucki v. Ryan,
_______
____
at
n.18 (1st
Cir. 1987).
54, even if
at issue.
This
the
on whether
inquiry is
sharpened
by two
narrowing
principles.
The
right
must
be
stated
with
sufficient
that what he
must
is doing
have been
"clearly
defendants' alleged
through the
640
the time
(1987)).
power so as to
at
Souza
_____
and the
. .
right
of
the
. not .
. .
constitutional duty
more
established
use of hindsight."
635,
The
issue
is
thus
not to affirmatively
whether
abuse governmental
vulnerable to
harm
was clearly
the
render them
established in
April
"'state-created
danger theory,'"
Kneipp v.
______
Tedder, 95
______
F.3d 1199,
1201 (3d
establishing a constitutional
as a
claim at
-2121
least
since 1979.
(7th Cir.
See White
___ _____
aid
to children
endangered by
duty .
. . ultimately
injury
to the
result[ed] in physical
children");
494
Cir. 1989),
cert. denied,
____________
Supreme Court
dangers or
the performance
534, 538
see also
________
v. Ostrander, 879
_________
498 U.S.
938
state
v. Town of
________
(1990); Checki
______
v.
In DeShaney,
________
the
actions that
U.S. at 201.
and emotional
acknowledged that
render private
Cornelius
_________
of official
create
to harm
________
have
recognized
circumstances,
section 1983.
that state-created
give
rise
to
dangers may,
constitutional
in proper
claims
under
While
favor of
this
this
history
finding that
would appear
there is clearly
court to
v.
militate in
established law
in
of that doctrine
to
was Monahan
_______
alleged, there
-2222
Of course, a
violation of
clearly settled law may be found even where the Supreme Court
and the
the question.
8.07,
at 134-35 (3d
However,
we cannot
extract a
use of
turn
on
the
Pizarro, 54
_______
eventual
outcome of
analysis."
state-created
uneven
one.
hitherto
danger
The
problematic
Martinez-Rodriguez
__________________
theory,
an
the
constitutional
the
clearly established
v.
Colon______
The history of
although
recently
distinction
between
affirmatively
to protect
sometimes
them
has been
found that
blurred.
given action,
Moreover, courts
while rendering
have
the
plaintiff
more
vulnerable to
constitutional violation,
950
begun to
not amount
that have
danger, did
It is more
clarify the
95 F.3d
-2323
viewed as a
contours of
this doctrine.
at 1208-10; Pinder,
______
1174-1177.
to a
54 F.3d
at
of
conduct
might be
constitutional right."
it violated
Martinez-Rodriguez,
__________________
a particular
53 F.3d at
protections of
qualified immunity,
B.
and affirm
988.
to the
the district
on plaintiff's substantive
In
"[t]he
DeShaney, the
________
State
protective
may
not,
Supreme Court
of
course,
selectively
Soto alleges an
assertion
its
that
"[d]efendants
have
custom,
threatened
with violence
other
discriminated
victim."
deny
from
acknowledged that
complaints
on the
in
of
basis of
the
sex of
and
domestic disputes
violence.
policy
her
differently
Defendants
have
the complaining
____________________
7.
The
Ortiz's
_____
district
court
bar
section
on
correctly
1983
found
actions
that
for
Valdivieso___________
due
process
claims.
Soto, 878 F.
____
Supp. at
328 n.6.
-2424
violence
Circuit in
victims that
was
first articulated
by the
Tenth
Cir.
1988),
circuits.
and
subsequently
adopted
by
several
other
to
proffer
sufficient
reasonable jury to
evidence
that would
policy or
allow
motivating factor,
and that
the
women was
plaintiff was
Ricketts
________
1994)
v. City of Columbia,
_________________
36 F.3d
775, 779
(8th Cir.
The
district court
sufficient evidence to
had a
found
that
Soto had
custom or policy
adduced
as to whether
of providing
less
protection
assault
to victims
victims.
of
domestic violence
than to
We agree.
other
The
court also found that plaintiff had failed to meet her burden
in opposing
summary judgment8
intent prong or
on either the
discriminatory
Watson standard.
______
Id. at 332.
___
____________________
8.
It
was
sufficient
part
of
Soto's
evidence
Soto's
intent
to
facie
of discriminatory
prima
896.
adduce
create
trialworthy
to proffer
intent.
In opposing summary
burden to
a
case
sufficient
issue.
See, e.g.,
__________
judgment, it
evidence of
See
___
that
National
________
-2525
adopt the
claims brought
circuits have
follow
repeatedly
considered similar
sadly
similar
seeking police
claims.
pattern; an
abuse
protection
from
Several other
These
tragedies
victim,
after
her abuser,
is
gravely injured or
claims
under
killed.
section
1983
The victim, or
that law
enforcement
policies
discriminate
Block,
_____
on the basis of
gender.
Ricketts, 36 F.3d at
________
(3d
v. Guido, 41
_____
Ct. 53 (1995);
F.2d 1097
City of Rockwall, 877 F.2d 409 (5th Cir. 1989), cert. denied,
________________
____________
Under the
to
victims
of domestic
crimes, that
gender discrimination
F.2d
an
at 694.
issue as
providing
violence than
to victims
is a
of other
motivating factor,
to
less
whether there
protection
to
was
a custom
domestic
or policy
violence
of
victims.
-2626
to
discriminate
sufficient
against
evidence that
women
her
and
whether Soto
injuries were
provides
caused by
______
the
summarized as follows:
(1)
54
expresses
children from
legislative
intent to
protect
domestic violence
women
and
although 95% of
as victims and
males
in Puerto
statements
of
violence is female;10
the individual
in
charge of
the
(3) that
police in
is not enforced as
his disagreement
motivated,
has
led
to
non-enforcement
by
subordinate
____________________
9.
Law 54
has been
noted in
academic literature
approach to domestic
for "its
violence."
80 (1995).
impediment to
implementation.
10.
While
arrest
compared
Id. at 94-95.
___
Soto admits
rates
for
to arrest
violence, she
men
that
she presented
charged with
rates
for women
no evidence
domestic
violence
charged with
comparisons are
of
as
domestic
impossible
-2727
on domestic
Sergeant
Orta,
and
acknowledge that
in
1991 did
Officers
Flores
not
enforce Law
54;
and
Carrasquillo
(6) that
statements
by
indicating that
the
non-enforcement are
enforcement of Law
pretextual;
(8) that
54 therefore permits
differential
an inference of
an
be inferred
truism
that
from mere
under
non-enforcement of
current
Equal
a law.
Protection
It
is a
Clause
not enough
to establish
Washington
__________
v. Davis,
_____
"impact
provides an
alone is
a constitutional violation.11
426
U.S. 229,
242
important starting
(1976).
point" for
See
___
While
a court
gender-based
discrimination,
"purposeful discrimination
is
____________________
11.
an
stingy process
introduction of
theory
selective indifference as
violation suggests
over one
impact analysis."
a preference
that invites
Klarman,
for a
surreptitious
An Interpretive
_______________
-2828
Administrator v.
_____________
where
existence
98%
Constitution.'"
omitted) (upholding
hiring
offends the
a veteran's preference
of
of disparate
veterans
were
treatment --
Personnel
_________
in civil service
male).
even
"[T]he
mere
widely disparate
that
the
discrimination
was
[impermissibly]
motivated."
Dartmouth Review
_________________
(1989);
v.
see Siegel,
___
the
105
Yale
doctrines of equal
development
13,
19
Prerogative and
Privacy,
__________________________
(1996)(modern
F.2d
of
facially
L.J.
2117,
2190-94
neutral
policies
that
are
domestic violence
equal protection
seeking
victim
to prove
discriminatory purpose.
Feeney,
______
442 U.S.
at 274.
an
consequences.
. .
It
The
implies
that
the
decisionmaker
. .
Id. at 279.
___
Without
the
discriminatory statement
smoking
gun
of
by a decisionmaker, it
-2929
an
overtly
may be very
difficult
to offer
sufficient
proof of
such a
purpose.12
domestic violence
complaints were
less likely to
result in
constitute
evidence of
Ricketts, 36 F.3d
________
domestic
abuse
support for
plaintiff
are
women,
presented no
intent or
and police
against women).
courts
at 781
discriminatory
evidence
purpose);
of victims
statements
of
offered
domestic disputes,
of intent
to discriminate
violence victims
See
___
to proceed
Balistreri, 901
__________
plaintiff's
F.2d
on an arguably
at 701
(remark
lesser showing.
of officer
that
allow plaintiff's
Thurman
_______
complaint to survive
v. City of Torrington,
__________________
(D. Conn.
1984)(viewing equal
violence
victim
misconception"
in
595 F.
of
"increasingly
prerogative
dismiss);
protection claim of
terms
of husband's
motion to
domestic
outdated
to discipline
his
____________________
12.
As
the Third
in the
Title VII
in subtle forms."
Triers of
may recognize those more subtle forms for what they are
and coded
comments may
raise inferences
of discrimination.
1082 (3d
Cir. 1996).
-3030
wife)
(internal
quotation
marks
and
citation
omitted)).
majority
Supreme
of circuit
courts
Court's approach
are more
in
keeping with
to equal protection
the
challenges to
facially
neutral
policies.
It is
in
this light
that we
to
prove
discriminatory
differential
impact.
intent
from
the
mere
fact
of
to upset the
legislative
process.
benefit
the
of
Rather,
plaintiff
protection afforded
by
through the
here
that
seeks
the
majoritarian
The
legislative
statutory
intent
language
evident
from
of
its
Law
54,
preamble,
and
serve
the
to
differentiate
this case
from the
typical
disparate impact
Although
men as
well
victims of conjugal
as
women may
abuse, studies
be
show
and
violent conduct
conjugal
investigators
abuse.
figure
married women in
that
that we
The
60%
of
all
of conjugal abuse.
-3131
Statement
of
Intervention
omitted).
Motives,
Act,
This
Act
Domestic
No.
54
recognition
Abuse
(Aug.
that the
Prevention
15,
and
1989)(citation
problem of
domestic
of Law 54 itself:
In developing
matter, we
handling
domestic
must
of
on this
give attention
the
to
difficulties
abuse presents,
the
that
especially for
______________
Law
54 also
8,
explicitly
(emphasis added).
recognizes that
discrimination has
impeded
institutional
Domestic
responses
abuse
is
one
to
domestic
of
the
in the
violence:
most
effect of
relationships between
and
conduct
also
permeate
________
efforts
identify,
of
these
understand
institutions
and
handle
to
abuse
In
the
plaintiff will
disfavored
starting
more
usual
equal
present evidence
group
in an
point" for
case,
of disparate impact
attempt
proof of
protection
to
provide an
upon a
"important
discriminatory intent.
See,
___
e.g.,
____
Feeney, 442
_______
Motives of
that
Law 54
U.S.
at 274.
Here, the
contains an explicit
Statement
of
legislative finding
-3232
Law
expresses
an intent
to ameliorate
that impact.
This
of Law
54
would indeed
have a
greater impact
on women
and might
women
victims of
domestic violence
to assist
and recognition
of the
important
the
situation.
(discriminatory
been called
(citation
. .
See
___
intent is
. 'the
omitted).
discriminatory
Feeney,
______
442
often "made
give and
The Supreme
intent inquiry
U.S.
at
279
clear from
take of
what has
the situation'")
Court has
should look
n.24
said that
not only
the
at the
policy, including
looking
at the
problems it
was intended
to address.
See
___
To
the extent
deference
rooted
to democratic
preferences, the
here.
that decisions
See,
___
in
an
processes and
rationale of
such as
Feeney and
______
appropriate
judicial
rational legislative
deference is
less compelling
("The calculus of
society,
is
legislative
responsibility. . . .[I]t
and
not
judicial
-3333
decisions
will
eventually be
rectified
by
the democratic
are
properly concerned
considerations that
of
their decisions,
irrationality.").
with
balancing
numerous
competing
absent
With
a showing
Law 54,
of arbitrariness
the legislature
or
of Puerto
has
part of the
problem.
subversion
of
illegitimate
Thus, underenforcement of
administering the
majoritarian
motives.
We
law may in
processes
believe, in
for
Law 54
by
fact be
individual,
this context,
be
some
____
evidence
individuals.
of
discriminatory
protections.
motivated
that decision,
54 may
by
In determining what,
the
that
decision not to
sought its
intent
factfinder
and
those
not
she
if anything,
may consider
the
purposes of
purposes.
and
As the Law
eradicate
decision
not
expressly seeks to
institutional
to
implement
discriminatory
the
-3434
Law
may
those
attitudes,
well
have
been
impact on women.
We
the resulting
whether there
Soto
was making a
to the
The
key
he signed an Other
no steps to
Soto
was
way.
54.
Orta's
statements, as
described below,
suggest a
54
at
the Palmer
Sergeant Orta
easily
biases.
find
substation
made statements
reveal
of the
Rio
Grande precinct.
which a trier
gender-discriminatory
of fact
stereotypes
He testified as follows:
it
is
that I am in total
with that
very
Act.
unjust
I believe
related
to
could
and
-3535
aggressions
against women
and I
do not
Q: Why
with
do you believe it
relation
to
is very unjust
aggressions
against
women?
A:
Sometimes
course,
men,
outside or has a
friend
including myself
on
the
drinks on the
and
of
one
has
or a
an
and goes
And I
. . .
Q: Then
I ask
is your
A: Well,
the thing
spite
of it
being
able
always
Credibility
there
are
mentioning both
to
the
is that the
parties as
complain, the
person
who
law, in
woman
is
is
injured.
when that
doesn't
The weight to be
raise an
have
inference of racial
not offered a
animus).
The
defendants here
comments
which
in
context
suggest
discrimination.
See
___
glean
intent],
more
plausible
particularly
alternative
inference
since
interpretation
[than
[defendant]
supported
-3636
discriminatory
has
by
tendered
the
no
present
record.").
hostility
to
enforcing
the
certainly be understood as
which
women,
assume that
men
including
"classifications may
create
or
beating
perpetuate
inferiority of women."
at
he was
law
them.13
the
legal,
as
could
stereotypes
certain prerogatives
be used,
towards
Gender-based
they once
social,
and
were,
to
economic
defendant here,
violence
enjoy
not
domestic
His
a supervisor
and his
attitudes are
____________________
13.
provided that
punishment or 'chastisement'
so long as
he did
2118.
This "right"
Blackstone's
of
Commentaries
chastisement
in
the eighteenth
by
century.
a writ of supplicavit.
was recognized
to
Id.
___
See
___
at 2124.
By the late nineteenth
the
right
of
America.
chastisement
The
Supreme
expressly repudiated
McAfee,
______
doctrine
108
that
Mass.
had fallen
Judicial
into
Court
of
same year.
(1871).
Alabama
Fulgham
_______
v.
disrepute
in
Massachusetts
Commonwealth v.
____________
repudiated
State, 46
_____
the
Ala. 143
(1871).
-3737
evidence
of whether
the failure
to enforce
Law 54
at the
Law 54
precinct
in
everyone in
1991.
Officer
complaints.
Asked
officers did
"Well, they
Flores
what
best, in the
testified that
almost
Law 54
happened to
the victims
when the
Flores testified
the
Flores's
direct
domestic violence
in
supervisor, stated
despite Law
54,
Services" reports.
that,
Sergeant Orta,
handled in the
There would
station as "Other
enforce Law
That, however,
whether Officer
of
discriminatory
It was
evidence to
intent
or to
suggest that
evidence that
54 at
all,
discrimination.
much less
-3838
for
talking
to
responsibilities to
Flores's motivation in
based on gender
Law
in
arrest Rodriguez.
Rodriguez was
of
question as to
gender-based
Rodriguez.
We find
no
talking to
There
is no
to avoid enforcement
discriminatory reasons.
Flores, despite
get some
substation, Flores
responsibility
Flores described
it was to take
training, undertook to
Soto's complaint as
a Law 54
act on it.
complaint to
evidence
because
that
of
Flores
intervened and
gender-discriminatory
talked
motive;
There is no
to
Rodriguez
rather,
the
resolve the
does
not
matter.
turn
provide a basis to
his
action into
one
motivated
by
gender
discrimination.
Plaintiff
asserts
that
Betancourt-Lebron,
the
should
adequate
be
held responsible
training,
and
gender- discriminatory
because
because
bias.14
he
failed to
that failure
This claim
was
provide
due
to
is based largely
____________________
14.
We will assume
was
evidence of a causal
the events at
the precinct.
The street
that there
of training and
level officers
--
not
received formal training on Law 54, and were not even given a
copy of the law.
Orta
not wish to
proceed to
also testified
get a restraining
that he
did not
order.
54 order,
if she did
Sergeant
receive comprehensive
-3939
Law 54
had
been in
effect
for eight
months,
Betancourt-
anything because it
fights
between husbands
and wives.
On
is evidence that
it
continues to increase.
He
went on
treated
to
say that
with
laws
psychologists
and
disagreement
with the
conduct
intent.
is not,
in
that
domestic
punish the
social
aggressors,
workers.
law's
This
decision to
itself, a
Plaintiff posits
violence should
that
but
be
with
statement
criminalize
statement of
the
not
of
such
discriminatory
statement in
context
that, because
one of the
Mercedes Rodriguez,
opined
achieved by
Law
54 was
the criminalization
statement by
of domestic
Betancourt-Lebron was
violence, this
"one of the
most severe
the law.
the
Rodriguez
part
of the
institutional leadership."
public
statements
attitudes
deviation on
was the
"would promote
toward women
It
victims and
rank and
file's negative
their rights
under Law
____________________
training in Law 54
at issue here.
-4040
the incident
54."
to
The
law
he
disseminated.
and
the
was
charged
with
It is reasonable
Women's
Affairs
enforcing,
to infer, as
Commission
opposition
were
Soto's expert
suggest,
the statements
not mean
widely
that
they
But that
that they
were
Betancourt-Lebron acknowledged
that
motivated by discrimination.
Additionally,
he
foresaw
that
police
implementing
Law 54
other
and because
laws,
officers
because
would
have
its procedures
"of
active
problems
differed
from
resistance from
some
There
is no evidence,
Rio
Grande precinct,
the face
of such
Nor is
there
much less
that, in
Betancourt-Lebron implemented
effect.
Evidence
that
Law
54,
which
was
specifically
other new
support
an
inference of
discriminatory
could, perhaps,
intent.
But
the
Somewhat
intent
is
Commission.
his
more
probative
relationship
with
of
the
Betancourt-Lebron's
Women's
Affairs
for a year
-4141
after
approval
of
Law
54,
with
the
Women's
Affairs
Commission.
Law
implementation
enforcement
54
directs the
agencies to victims.
the
been
evaluate
with
year
the
as to domestic
virtually
first
"Coordination
personnel
to
covering
Commission
of
Police
of the Commission,
implementation,
of
Puerto
violence problems
impossible."
In
fact,
Rico
noted:
to
and Law
from
Director
concerned
Executive
about
the
of the
Commission,
Police Department's
54 has
Betancourt-Lebron
the
train
apparent
to him
who
was
lack of
In
the
end,
this
evidence,
while
painting
an
unwholesome
standards
picture,
imposed
is
by
not
the
enough
Supreme
to
meet
Court
the
for
protection claims.
of
consequences."
Feeney, 442
________
U.S. at 279.
strict
showing
As Feeney
______
"awareness
The defendant
'because
an identifiable
with Law
group."
54 and a
Commission, while
Id.
___
An
expression of disagreement
some evidence of
-4242
discriminatory intent on
the
part
of Betancourt-Lebron,
is too
slender a
stalk on
which to rest.
Thus, we
of
her
against
difficult burden
these
constitutional
defendants
tort.
In
of
proving discriminatory
as
required
so saying,
we
to
intent
establish
do not
of course
The
deaths of children,
serious
actionable
matters.
Whether
this
deplorable
we leave, as
scenario
is
we must, to
others.
Accordingly,
plaintiff is affirmed.
________
-4343
TORRUELLA,
TORRUELLA,
Court should
and
grounds as
Court.
are stated
in the
the District
opinion of
the District
-4444