Herrera v. Davila

ORDER DENYING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

ACOSTA, District Judge.

Present before the court for disposition are three (3) separate motions for summary judgment filed by the remaining defendants in these proceedings 1 and plaintiffs’ omnibus response thereto. The court having reviewed the legal arguments presented by the parties as well as the exhibits submitted hereby finds as follows.

I. BACKGROUND

This action was instituted by the mother, stepfather and sister of the deceased RAFAEL HERRERA (“HERRERA”). HERRERA, who at the time of his death, was a 27 year old citizen of the…