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Hualde Redin v. Torres, 93-1651 (1993)

Court: Court of Appeals for the First Circuit Number: 93-1651 Visitors: 12
Filed: Dec. 15, 1993
Latest Update: Mar. 02, 2020
Summary: December 15, 1993 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 93-1651 ALFREDO HUALDE REDIN, ET AL. Plaintiffs' motions to strike appellees' briefs, for oral argument, for further briefing time, and to sanction appellees are all denied.
USCA1 Opinion




December 15, 1993
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 93-1651

ALFREDO HUALDE REDIN, ET AL.,

Plaintiffs, Appellants,

v.

ANABEL TORRES, SUPERINTENDENT OF POLICE PUERTO RICO, ET AL.,

Defendants, Appellees.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO


[Hon. Hector M. Laffitte, U.S. District Judge]
___________________

____________________

Before

Breyer, Chief Judge,
___________
Torruella and Selya, Circuit Judges.
______________

____________________

Alfredo Hualde Redin and Maria Susana Costa De Hualde-Redin on
____________________
brief pro se.
Carlos Lugo Fiol, Acting Solicitor General, and Vannessa Ramirez,
_________________ ________________
Assistant Solicitor General, on brief for government appellees.
Luis A. Gonzalez on brief for appellees William Balbi, Anabela
_________________
Torres, Jose Sarro, Awilda Torre and Cecelia Herrans Lopez.


____________________


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Per Curiam. We affirm substantially for the
___________

reasons stated by the district court in its March 24, 1993,

April 16, 1993, and May 18, 1993 opinions and orders. We add

the following.

1. With respect to plaintiffs' Fourth Amendment

claim, regardless what plaintiffs' rights in the vestibule

may be under Puerto Rico law, People v. Perez, 15 P.R. Sup.
______ _____

Ct. Off'l Translations 1095, 1099 (1984), the officers' entry

into the common vestibule did not violate the federal

constitution. United States v. Concepcion, 942 F.2d 1170,
_____________ __________

1171 (7th Cir. 1991) (officers' entry into locked common area

shared by five tenants did not violate the Fourth Amendment

because a tenant has no reasonable expectancy of privacy in

the common areas of an apartment building); United States v.
______________

Penco, 612 F.2d 19, 24-25 (2d Cir. 1979) ("The Fourth
_____

Amendment protection accorded to an apartment dweller's home

does not extend to the lobby of his apartment building . . .

or the area just inside a hall door that was meant to lock

but did not . . . or the hallway just outside his apartment

door . . .."); United States v. Cruz Pagan, 537 F.2d 554,
_____________ __________

557-58 (1st Cir. 1976) (noting that whether or not agents'

entry into condominium garage was a technical trespass "is

not the relevant inquiry" and concluding that condominium

owner had no reasonable expectation of privacy in garage

area).



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2. With respect to plaintiffs' claims that the

police failed adequately to investigate plaintiffs' various

complaints and take ameliorative action, plaintiffs failed to

state a federal claim. DeShaney v. Winnebago County Dept. of
________ _________________________

Social Services, 489 U.S. 189, 195-97 (1989) ("[N]othing in
_______________

the language of the Due Process Clause . . . requires the

State to protect the life, liberty, and property of its

citizens against invasion by private actors. The Clause is

phrased as a limitation on the State's power to act, not as a

guarantee of certain minimal levels of safety and

security.").

3. All the briefs and reply briefs plaintiffs

filed have been considered. Plaintiffs' motions to strike

appellees' briefs, for oral argument, for further briefing

time, and to sanction appellees are all denied.

Affirmed.
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Source:  CourtListener

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