Demanda Operation Guard Schack NotiCel

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

ALWIN CAMACHO-MORALES

Plaintiff

v. HÉCTOR PESQUERA; EMILIO DÍAZ COLON; JOSÉ FIGUEROA SANCHA; JOSÉ LUIS RIVERA DÍAZ; COL. LEOVIGILDO VÁZQUEZ; COL. REYNALDO BERMÚDEZ; 1LT. JOSÉ RIVERA ALICEA; 2LT. DIGNO CARTAGENA; YADIRA RIVERA PABÓN; GUILLERMO SOMOZA COLOMBANI; ALL IN THEIR PERSONAL AND OFFICIAL CAPACITIES; COMMONWEALTH OF PUERTO RICO; INSURANCE COMPANY ABC, JOHN DOE, RICHARD ROE, AND DAVID DOE,

Defendants

Civil No. _________(___)

Civil Rights Violations

Jury Trial Requested

VERIFIED COMPLAINT

TO THE HONORABLE COURT: COMES NOW the Plaintiff ALWIN CAMACHO-MORALES (or the

“Plaintiff”), through the undersigned attorney, and respectfully states, alleges

and prays as follows:

I. JURISDICTION

I.1. Jurisdiction is invoked under 42 U.S.C. Section 1983. This civil

action arises under the First and Fourteenth Amendment of the U.S.

Constitution and laws of the United States of America.

Case 3:12-cv-01533-GAG Document 1 Filed 07/02/12 Page 1 of 19

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I.2. Supplemental jurisdiction is invoked under 28 U.S.C. sec. 1367 for

the cause of action invoked under the Constitution and laws of the

Commonwealth of Puerto Rico.

I.3. Venue is appropriate in this Court pursuant to 28 U.S.C. sec.

1391, as this action is brought in the judicial district in which the unlawful

actions against Plaintiff occurred.

II. THE PARTIES

II.1. The Plaintiff, Alwin Camacho-Morales, is a United States citizen,

resident of the State of Florida and was a public-career employee until July 11,

2011, working at the Puerto Rico Police Department (“PRPD”) as an agent.

II.2. Co-defendant Commonwealth of Puerto Rico is a duly constituted

governmental entity with the authority to be sued. The Commonwealth is at

present, or has been at times relevant, the employer of Plaintiff and all

Defendants. It is sued only for declaratory, injunctive and back-front pay-

monetary relief.

II.3. Co-defendant Guillermo Somoza is the current Secretary of Justice

(Puerto Rico’s Attorney General) and direct supervisor of the Puerto Rico Police

Chief. He is sued in his individual and official capacities for declaratory,

injunctive and back-front pay-monetary relief.

II.4. Co-defendant Héctor Pesquera is the current Puerto Rico Police

Chief. He is sued in his individual and official capacities for declaratory,

injunctive and back-front pay-monetary relief.


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II.5. Co-defendant Emilio Díaz Colón, was the Puerto Rico Police Chief

until March 29, 2012. He is sued in his individual and official capacities for

declaratory, injunctive and back-front pay-monetary relief.

II.6. Co-defendant José Figueroa Sancha was the Puerto Rico Police

Chief and Deputy Special Agent-in-Charge of the FBI San Juan Field Office. He

had personal knowledge of the facts that are base for the present complaint.

Furthermore, he has personal knowledge of the undercover labor performed by

Plaintiff before being appointed PRPD Chief because he was the second in

command of the local FBI office. He is sued in his individual and official

capacities for declaratory, injunctive and back-front pay-monetary relief.

II.7. Co-defendant José Luis Rivera Díaz, is the current Associated

Chief serving as the second in command of the Police Department. Has serves

as interim chief on two occasions. He has personal knowledge of the facts that

are the base for the present complaint. He is sued in his individual and official


II.8. Co-Defendant Leovigildo Vázquez is the current Chief of Field

Operation for the PRPD. He has personal knowledge of the facts that are the

base for the present complaint. He holds the rank of Colonel, which is the

highest rank an officer can achieve. He is sued in his individual and official


II.9. Co-Defendant Reinaldo Bermúdez is the current Chief of Strategies

Operations for the PRPD. He has personal knowledge of the facts that are the

base for the present complaint. He holds the rank of Colonel, which is the


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highest rank an officer can achieve. He is sued in his individual and official


II.10. José Rivera Alicea is the current Director of the Strategic

Operations Division. He has personal knowledge of the facts that are the base

for the present complaint. He holds the rank of First Lieutenant, which is a

supervisory/management position. He is sued in his individual and official


II.11. Co-Defendant Digno Cartagena is the FBI Task Force coordinator,

who serves as a liaison officer between the PRPD and the FBI. He has personal

knowledge of the facts that are the base for the present complaint. He holds the

rank of Second Lieutenant, which is a supervisory/management position. He is

sued in his individual and official capacities for declaratory, injunctive and

back-front pay-monetary relief.

II.12. Co-Defendant Yadira Rivera Pabón is a civilian employed by the

Puerto Rico Police Department as the Director of Human Resources. She is

sued in his individual and official capacities for declaratory, injunctive and

back-front pay-monetary relief.

II.13. Co-Defendant Insurance Company ABC has a policy in favor of the

Commonwealth of Puerto Rico, which covers claim contingencies such as that

posed by the instant case.

II.14. Co-Defendants John Doe, Richard Roe, and David Doe are

unidentified defendants that could be substituted during discovery proceedings

pursuant to the Federal Rules of Civil Procedure.


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III. PLEADINGS

III.1. This is a civil action filed by Alwin Camacho-Morales, a former

career employee of the Commonwealth of Puerto Rico working at the Puerto

Rico Police Department (“PRPD”) as an agent, alleging that following his work

as undercover agent under the supervision of the Federal Bureau of

Investigation (“FBI”) during “Operation Guard Shack” (or “OGS”) where dozens

of police officers were arrested on corruption charges, he was fired under

retaliation for his denouncements of matters of public concern.

III.2. Plaintiff commenced his service in the PRPD on June 26, 1996.

III.3. During the years as a law enforcement officer Plaintiff has held

various positions including work as an undercover agent and as a member of

the Tactical Operations Unit where he served at the Puerto Rico Telephone

Company (“PRTC”) and Vieques’ protests.

III.4. In sum, Plaintiff has had an exemplary career serving wherever he

was needed for more than fifteen years.

III.5. During the spring of 2008, an agent from the Puerto Rico Special

Investigations Bureau (“Negociado Especial de Investigaciones” in Spanish;

hereinafter “SIB”) visited Plaintiff at the CompUSA store in Guaynabo where

Plaintiff worked part-time as a Loss-Prevention Manager.

III.6. The SIB agent asked Plaintiff if he knew about illegal activities

taken by fellow police officers at the PRPD.

III.7. The SIB agent added that an investigation was underway and

asked Plaintiff if he was interested to work undercover as a “corrupt” officer.


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III.8. During that meeting, the SIB agent was accompanied by another

officer, who Plaintiff later learned that was FBI Special Agent Norman

Quilichini.

III.9. At that moment Plaintiff did not provide an answer. It was not

until a few days later that Plaintiff accepted.

III.10. Plaintiff was brief on the activities to be performed, which were

relating to corruption investigation within the PRPD.

III.11. Within days Plaintiff commenced his undercover work posing as a

corrupt official offering fellow cops large sums money on behalf of local drug-

traffickers in exchange for transporting the drug to another location within the

island of Puerto Rico.

III.12. For the following two years Plaintiff was virtually living a double

life. Working his regular 8-hour shift as a police officer and his part-time job at

CompUSA, in addition to his undercover work, which could easily take him an

additional 8 to 10 hours a day, plus weekends.

III.13. As a result, for eighteen months Plaintiff performed dozens of

undercover drug transactions with active police officers.

III.14. All the transactions were recorded and conducted under the

supervision of FBI agents. The evidence obtained as product of his undercover

labor was determinant for a magistrate to issue more than one hundred arrest-

warrants.


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III.15. Consequently, on October 9, 2010 the FBI executed the arrests

warrants during what it called Operation Guard Shack, the biggest anti-

corruption operation in the Bureau’s history.

III.16. Plaintiff later learned that the very next day he was

administratively transferred from the Bayamón Precinct to the Police Academy

in Gurabo, for no apparent reason, but for retaliation of Plaintiff’s

denouncements as a special undercover agent, which involved a great matter of

public concern.

III.17. This transfer was done in a continuous retaliation against Plaintiff

and as a mitigation mechanism in order to avoid Plaintiff to expose more

corrupt officer from Bayamón. In sum, the PRPD and Defendants in order to

cover the corruption in progress, retaliated against Plaintiff by his

denouncements of matters of public concern.

III.18. On a press conference the next day, the Puerto Rico Police Chief

Co-Defendant José Figueroa-Sancha, publicly declared that he had knowledge

of the investigation, since it started two years earlier when he was serving as

the Deputy Special Agent-in-Charge at the FBI San Juan Field Office. He

added that he knew about the work being done by Plaintiff and the other

undercover agents.

III.19. Furthermore, in that same press conference held at the Fortaleza

Governor Luis Fortuño stated that he was also being kept informed of the

developments of the investigation.


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III.20. The Governor emphatically indicated that the PRPD officers who

conducted the undercover work are real heroes, acknowledging that it was

them who deserved the biggest credit and gratitude.

III.21. For security reasons days before the arrests were made the FBI

Special Agent responsible for supervising the undercover activities ordered

Plaintiff and his family to a hotel at an undisclosed location.

III.22. Plaintiff and his family remained in such location for a period of

seven weeks.

III.23. Due to Plaintiff sudden disappearance, he was fired from

CompUSA, he later had to explain the situation to the general manager and

after a tumultuous process he has re-hired.

III.24. Upon returning to Puerto Rico, Plaintiff was ordered by the FBI no

to stay at his house because there were confirmed death threats against him

and his family.

III.25. Consequently, he moved to his mother’s house because he had no

other place to go. Thus, endangering his mother and brother’s lives.

III.26. In April, 2011 Plaintiff in a clear retaliation by his denouncements

of great public concern that led to corruption indictments in United States

District Court for the District of Puerto Rico, he was assigned by Defendants

to the PRPD General Headquarter (“HQ”) on Roosevelt Avenue in Hato Rey.

III.27. Although Plaintiff begged Lieutenant Digno Cartagena and Special

Agent Norman Quilichini to intervene in order for him not to be assigned to

HQ, due to the fact that there were officers that were recorded as part of the


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undercover work but were not charged, and therefore they knew about

Plaintiff’s identity and undercover work, Defendants in retaliation ordered his

transfer to Hato Rey.

III.28. Furthermore, on February 14, 2011, FBI-SAIC Luis Fraticelli sent

a letter to PRPD Chief Figueroa-Sancha requesting Plaintiff and two other

agents to be transfer permanently the Joint Operations Division, which works

as part of a Task-Force with the FBI and other federal law enforcement

agencies. Nevertheless, the Plaintiff was ordered to report to the PRPD HQ.

III.29. Instead of being recognized and received as a hero, Plaintiff

obtained nothing but insulting and disrespectful actions from his superiors,

Co-Defendants José Luis Rivera Díaz, Col. Leovigildo Vázquez, Col. Reynaldo

Bermúdez, 1Lt. José Rivera Alicea, 2Lt. Digno Cartagena, as well as from

various high-ranking officers.

III.30. The insults and derogatory comments in retaliation by Co-

Defendants José Luis Rivera Díaz, Col. Leovigildo Vázquez, Col. Reynaldo

Bermúdez, 1Lt. José Rivera Alicea, 2Lt. Digno Cartagena, created a severe

hostile environment for Plaintiff to the point that he did not feel welcomed at

his place of work.

III.31. Plaintiff received information from his former FBI contact agent

concerning confirmed threats against him and his family.

III.32. Consequently, Plaintiff proceeded to meet with Captain Rivera to

inform this serious situation and to obtain approval for more drastic security

measures.


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III.33. On May 12, 2011 two other PRPD agents who also worked

undercover in Operation Guard Shack denounced their situation on a radio

talk show hosted by Carlos Díaz Olivo and Luis Pabón Roca broadcasted by

WKAQ 580 AM. Due to these denouncements, the general public knew about

matters of public concern that involved high-ranking officials and regular

officials in corruption within the PRPD, situation that was denounced by

Plaintiff who was subjected to systematic retaliation that led to his dismissal.

III.34. The next day Co-Defendant José Figueroa-Sancha who at the time

was the PRPD Chief admitted to El Vocero newspaper that there had been

administrative failures on behalf of the PRPD.

III.35. The article added that upon listening to the allegation on radio

Figueroa-Sancha met with Co-Defendants Digno Cartagena and Reinaldo

Bermúdez to order them to take the necessary actions.

III.36. However, no corrective action was taken by them or any other

officer, despite of the fact that all Co-Defendants knew about the critic-

situation. On one occasion, at a meeting with the FBI Deputy SAIC Special

Agent Carlos Cases, Plaintiff was informed that an achievement letter as well as

a recommendation for promotion was personally handed to the PRPD for the

heroic labor. Nevertheless, all Co-Defendants acted in a continuous retaliation

against Plaintiff despite of his heroic labor, which finally led to his dismissal.

III.37. On June 6, 2011, Plaintiff was informed by two FBI Agents (who

are unidentified here for security reasons, and if required by the United States

District Court for the District of Puerto Rico, their names can be disclosed


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under seal) that the arrested officers who were at the Metropolitan Detention

Center in Guaynabo had contacted active duty police officers to request them

to find and kill Plaintiff.

III.38. Then FBI Special Agent X (who is unidentified here for security

reasons, and if required by the United States District Court for the District of

Puerto Rico, their names can be disclosed under seal) called Plaintiff to inform

him that they had recordings of the incarcerated officers stating that they had

knowledge where Plaintiff’s mother lived.

III.39. This situation created a delicate health condition to Plaintiff’s

mother who was already under extreme pressure and nervous state. Not to

mention Plaintiff’s state of mind knowing that they had intention of killing his

mother and brother. All Co-Defendants in retaliation did nothing for the

unexpected and horrible to happen against Plaintiff and his family.

III.40. As a matter of fact, the Co-Defendant Guillermo Somoza

Colombani and Co-Defendant José Figueroa Sancha, as well as the other two

PRPD Superintendents, (Co-Defendants Héctor Pesquera and Emilio Díaz

Colón); are responsible of providing security guards-escort to Plaintiff, and they

refused to do so, placing Plaintiff in life danger in retaliation for his

denouncements of public concern.

III.41. During his appointment at PRPD HQ, Plaintiff was in numerous

occasions told that he would meet personally with the Police Chief, however it

never happened.


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III.42. This exact situation also happened to the other two undercover

agents who participated in Operation Guardian Shack.

III.43. The extreme hostile work environment by continuous retaliation

against Plaintiff by his public concern denouncements, the lack of protection,

and the entire situation in general caused by each Co-Defendant personally,

forced Plaintiff to draft a resignation letter and send it to José Figueroa-

Sancha, the PRPD Chief.

III.44. Plaintiff’s resignation letter was presented on June 8, 2011, and

it’s effective date would be June 28, 2011.

III.45. However, on June 27, 2011 Plaintiff requested his resignation to be

revoked.

III.46. Plaintiff’s revocation request was granted on July 6, 2011 by Co-

Defendant Col. Reinaldo Bermúdez. Thus, Plaintiff’s belief is that he continued

working at the force as to July 6, 2011.

III.47. Surprisingly, although his revocation was granted, Plaintiff was

still removed from the system. Evidence of this is a July 11, 2011 letter signed

by Co-Defendant Lt. Cartagena which states that Co-Defendant Ms. Yadira

Rivera Pabón, Director of Human Resources, proceeded to keep Plaintiff’s

resignation effective retroactively June 28, 2011, because she had not received

an answer from the PRDPD Chief.

III.47. In other words, Co-Defendant Ms. Yadira Rivera Pabón, motu

proprio decided not to grant Plaintiff’s revocation letter (although it was

approved by Co-Defendant Col. Bermúdez), and to make his resignation


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effective retroactively on June 28, 2011 based on the fact that the PRPD Chief

had not signed his resignation letter.

III.48. This seems contradictory, illegal and in clear retaliation to

Plaintiff’s disclosure of matters of public concern, since Co-Defendant Ms.

Yadira Rivera Pabón is a civilian who cannot overturn decisions taken by high-

ranking officers.

III.49. Furthermore, it must be noted that Plaintiff also made an

administrative complaint against Co-Defendant Noel Reyes by his retaliation

actions of cutting Plaintiff’s labor hours by his disclosure of matters of public

concern, reason that also led to the final dismissal of Plaintiff, despite of the

fact that he revoked his previous resignation.

III.50. In addition, Plaintiff was not afforded of his right to a pre-

termination hearing prior to his dismissal by Co-Defendants, despite of the fact

that he was a career employee, in a clear violation to his due process rights

secured by the Fourteenth Amendment of the U.S. Constitution.

III.51. Suffice is to say that the U.S. Department of Justice issued a

Report regarding the PRPD on September 5, 2011, which discloses all the

corruption within said entity, situation that was previously disclosed in part by

the Plaintiff, who was continuously harassed and subjected to systematic

retaliation by each Co-Defendant personally, that led to his dismissal.

III.52. Lastly, but not least, all this situation was personally known by the

current Secretary of Justice, Guillermo Somoza Colombani, who with his

ineptitude, inaction and acting under color of state law, condoned, acquiesced


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and affirmed the retaliatory actions against Plaintiff, by not protecting Plaintiff,

and by his denouncements of matters of public concern, in a clear violation to

Plaintiff’s First Amendment Rights protected speech under federal and state

law.

IV. FIRST CAUSE OF ACTION VIOLATION OF FIRST AMENDMENT (FREE SPEECH)

IV.1. Plaintiff repeats and incorporates all the allegations contained thus

far as if set forth fully herein.

IV.2. The aforementioned evidences that the defendants, under the color

of law of their respective positions, have unconstitutionally violated the

Plaintiff’s right to free speech, in that they seek to punish them for speaking

out against each one of the Co-Defendants. The denouncement is a matter of

great public concern and their prosecution of the ongoing administration

challenged Plaintiff until his resignation, later revoked by himself, and

thereafter in another retaliation he was fired.

IV.3. Plaintiff was unceasingly harassed, stripped of his functions,

subjected to unnecessary, discriminatory and excessive disciplinary

proceedings as well as preclusion from promotions and continued employment

in a clear retaliation of his denouncements of public concern matters, in a clear

violation to his First Amendment Rights.

IV.4. As a result of the Defendants’ unconstitutional and illegal conduct,

Plaintiff has had his constitutional rights violated and this has caused

irreparable and continuing harm, emotionally, economically in the amount of

no less than $3,000,000.00 each. In addition, the Plaintiff prays for


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preliminary and permanent injunctive relief for reinstatement, in the form of

monies lost and any applicable benefits, immediate reinstatement and

prohibiting defendants from taking additional adverse employment actions

because of his public statements.

IV.5. Also, the Defendants act towards Plaintiff warrants the imposition

of punitive damages, the award of attorneys’ fees and costs.

V. SECOND CAUSE OF ACTION VIOLATION TO DUE PROCESS

V.1. Plaintiff repeats and incorporates all the allegations contained thus

far as set forth fully herein.

V.2. Plaintiff was not afforded of his right to a pre-termination hearing

prior to his dismissal by Co-Defendants, despite of the fact that he was a career

employee, in a clear violation to his due process rights secured by the

Fourteenth Amendment of the U.S. Constitution.

V.3. In addition, the Plaintiff prays for preliminary and permanent

injunctive relief for reinstatement, in the form of monies lost and any

applicable benefits, immediate reinstatement and prohibiting defendants from

taking additional adverse employment actions because of his public statements

and by the clear violation of Plaintiff’s due process rights under the Fourteenth

Amendment of the U.S. Constitution.

VI. THIRD CAUSE OF ACTION LAWS OF PUERTO RICO

Protection Against Employer Reprisal, Act No. 115 of December 20, 1991 29 P.R. Laws Ann. §194


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VI.1. Plaintiff repeats and incorporates all the allegations contained thus

far as set forth fully herein.

VI.2. The aforementioned facts demonstrate that each of the Defendants,

as the Plaintiff’s employer and/or supervisors, while under color of law of their

respective positions, have willfully and/or with deliberate indifference violated

the Commonwealth of Puerto Rico’s Statute Law No. 115 of December 20, 1991

known as the Protection Against Employer Reprisal statute, (29 P.R. Laws Ann.

§194)

VI.3. As a result of the Defendants’ free speech First Amendment and

retaliation violation, Plaintiff was discriminated in his employment, and said

actions have caused irreparable and continuing harm, emotionally,

economically and in their civil rights, in the amount of no less than

$1,000,000.00 each. In addition, the Plaintiff prays for preliminary and

permanent injunctive relief prohibiting Defendants from affecting his

employment because of his public expressions against the Defendants illegal

actions.

VI.4. Also, the Defendants act towards the Plaintiff warrants the

imposition of double damages, the award of attorneys’ fees and costs.

VII. THIRD CAUSE OF ACTION LAWS AND CONSTITUTION OF PUERTO RICO

VII.1. Plaintiff repeats and incorporates all the allegations contained thus

far as set forth fully herein. The foregoing evidence that the Defendants, under

color of law of their respective positions, have willfully and/or with deliberate

indifference violated the Plaintiff’s rights under the Constitution and laws of the


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Commonwealth of Puerto Rico, specifically Sections 1, 4, 6 and 7 of Article II of

the Constitution of Puerto Rico; and the Public Service Personnel laws of

Puerto Rico; Act No. 184, of August 3, 2004, as amended, PR Laws Ann. Tit. 3;

and Articles 1802 and 1803 of the Civil Code § 5141 and 5142 of Title 31; and

Law 100 of June 26, 1956.

VII.2. As a result of the Defendants’ unconstitutional and illegal conduct,

Plaintiff has been discriminatorily treated in his employment, and caused

irreparable and continuing harm, emotionally, economically and in his civil

rights, in the amount of no less than $1,000,000.00 each. In addition, Plaintiff

prays for preliminary and permanent injunctive relief prohibiting Defendants

from affecting their employment.

VIII. JURY DEMAND

VIII.1. Trial by Jury is requested in all causes of action.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

1. Find that the Defendants have violated Plaintiff’s rights under the

First and Fourteenth Amendment of the United States Constitution; as well as

under the laws and Constitution of the Commonwealth of Puerto Rico and

enter declaratory judgment to that effect;

2. Grant preliminary and permanent injunction prohibiting,

restraining and enjoining the Defendants, agents or anyone acting in concert

with them or pursuant to their orders, or their successors in any representative

capacity from violating any Constitutional and statutory rights of the Plaintiff;


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3. Award damages to Plaintiff in an amount no less than

$5,000,000.00 each for pain and suffering and other damages suffered as a

result of the Defendants’ unconstitutional conduct;

4. Award punitive damages to Plaintiff in an amount in such amount

as may be deemed appropriate;

5. Award pre judgment and post judgment interest;

6. Award Plaintiff attorneys’ fees and costs pursuant to 42 U.S.C. §

1988;

7. Grant Plaintiff back and front pay, and/or reinstatement;

8. Award such other and further relief as may be deemed just and

proper.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 2nd day of July, 2012.

NOTICE OF ELECTRONIC FILING

IT IS HEREBY CERTIFIED: That on this date I electronically filed the

foregoing with the Clerk of the Court using the CM/ECF system, which will

send notification of such filing to all attorneys of record.

COUNSEL FOR PLAINTIFF

VALENZUELA-ALVARADO, LLC MCS Plaza 255 Ponce de León Avenue Suite 825 San Juan, Puerto Rico 00917-1942 Tel. (787) 365-9401 Fax: (787) 756-4053 www.va-lex.com


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S/José Enrico Valenzuela-Alvarado

JOSÉ ENRICO VALENZUELA-ALVARADO USDC-PR 220104 E-mails: [email protected] [email protected] [email protected]

STATEMENT UNDER PENALTY OF PERJURY AS PER 18 USCA §1746(2)

I, ALWIN CAMACHO-MORALES, declare under penalty of perjury that I

have examined the Verified Complaint prepared in the instant matter and understand

and attest, to the best of my knowledge, that the same is true and correct as to the

general facts and those particular facts to my case. That I have had the benefit of

having the document translated to me and I am satisfied with the same.

S/Alwin Camacho-Morales

ALWIN CAMACHO-MORALES


Documents

Demanda Operation Guard Schack NotiCel