Case 3:21-cv-01552 Document 1 Filed 11/22/21 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

AARON VICK CIVIL NO.: 21-1552

Plaintiff

vs. RE:

JANETTE RODRIGUEZ, in her official

capacity as Director of the Pretrial
Services Program of the Commonwealth Violation of the Privileges and Immunities
of Puerto Rico, known as OSAJ Clause; Action for Declaratory Judgment
and Injunctive Relief
Defendant

COMPLAINT

TO THE HONORABLE COURT:

COMES NOW the above-named Plaintiff, Aaron Vick, by and through his

undersigned attorneys, and before this Honorable Court respectfully states, alleges, and

prays as follows:

I. Nature of the Action, Jurisdiction, and Venue

1. This is an action that seeks enforcement of the protections afforded by the

Privileges and Immunities Clause of the United States Constitution. Plaintiff Aaron Vick,

through this action, claims his fundamental right to pretrial release and pretrial liberty prior

to trial and absent a conviction. That fundamental constitutional federal right cannot,

under the law, be deprived by the Commonwealth’s Pretrial Services Program (“Programa

de Servicios con Antelación al Juicio” or “Oficina de Servicios con Antelación a Juicio”)

(hereinafter referred to as “OSAJ”).

2. Pursuant to 28 USC § 1331, this Honorable Court has subject matter

jurisdiction over the parties and the claims for declaratory and injunctive relief asserted

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herein since they arise under Article IV, Section 2, of the Constitution of the United States

of America, which was made extensive to the Commonwealth of Puerto Rico and its

officials through the 1947 amendments to the Jones Act, 48 USC § 737.

3. Venue is proper in this Court under 28 USC § 1391(b) since the Plaintiff’s

claims arose within the judicial district of Puerto Rico.

4. All actions complained from herein have been taken by Defendant Janette

Rodríguez acting under color of state law and in her official capacity as Director of OSAJ.

II. The Parties

5. Plaintiff Aaron Vick (hereinafter “AV”) is a citizen of the United States of

America and a resident of the Commonwealth of Virginia.

6. Defendant Janette Rodríguez (hereinafter “Director Rodríguez”) is and has

been at all pertinent times to this action OSAJ’s Director. Director Rodríguez oversees

the implementation of OSAJ’s duties and functions and supervises compliance with all its

policies and practices. She is being sued for declaratory and injunctive relief solely in her

official capacity.

III. OSAJ’s History, Purpose, and Functions

7. OSAJ traces its origin to an Order that was entered on April 28, 1988, by

the late Juan Manuel Pérez Giménez, Judge, in the legendary and decades-long Morales

Feliciano litigation, Civil No. 79-4. The April 28, 1998, Order created a temporary pilot

program by the name of Expedited Bail Project (hereinafter “EBJ”). Among other functions

and duties, the EBJ was empowered to post bail on behalf of defendants in criminal cases,

at no cost to them, should they meet the criteria set forth by the applicable regulations.

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8. Since the EBJ’s inception, it proved to be an effective and inexpensive

means to secure the pretrial release of criminal defendants, who could not otherwise

defray the cost of a traditional monetary bail. In so doing, the EBJ helped to alleviate the

overcrowding then afflicting the Puerto Rico correctional system.

9. The EBJ proved to be so successful that the Puerto Rico Legislature

decided to copy the model and establish a permanent structure to secure the pretrial

release and supervision of persons charged with criminal offenses at minimal expense to

them.

10. Accordingly, OSAJ was formally created by Law No. 177-1995 (hereinafter

“Law 177”) as an autonomous entity attached to the Puerto Rico Department of

Corrections and Rehabilitation (hereinafter “DCR”). Its main purpose was to make

recommendations to the Puerto Rico courts in determining the terms and conditions of

release for defendants in criminal matters pending trial and to supervise and monitor their

compliance with the conditions imposed.

11. Law 177 empowered OSAJ to make a myriad of recommendations for the

imposition of conditions for release, including, but not limited to, deferred bail. Defendants

who wished to benefit from deferred bail, or any other measure of non-economic pretrial

release, were required to submit to the jurisdiction of OSAJ.

12. Through Law No. 115-2014, OSAJ was converted into a Program of the

DCR, but maintained the same duties, functions, and purpose, including the capacity to

recommend the imposition of deferred bail in appropriate cases and to supervise and

monitor defendants under its jurisdiction.

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IV. Factual Background

A. The botched sale of COVID-19 tests and its aftermath:

13. In March of 2020, at the beginning of the still ongoing COVID-19 pandemic,

Apex General Contractors, LLC, (hereinafter “Apex”) a small Puerto Rico construction

company, was awarded a contract to sell One Million (1,000,000) test kits to the Puerto

Rico Department of Health for the total and aggregate amount of Thirty-Eight Million

Dollars ($38,000,000.00). Purportedly, the test kits were going to be supplied by

Promedical, an Australian manufacturing company.

14. Upon the issuance of Apex’s purchase order, the Government of Puerto

Rico authorized payment of a deposit equivalent to fifty percent (50%) of the contract

amount, but the transaction was cancelled because, among other reasons, Promedical

issued a public statement saying that it had never been in conversations or entered into

a contract with Apex, adding that it sold rapid test kits to approved distributors for less

than half the amount billed by Apex to the Puerto Rico Department of Health.

15. The botched sale prompted an investigation by the Puerto Rico House of

Representatives that uncovered numerous irregularities by various Puerto Rico officials

in the emergency procurement process that resulted in the contract awarded to Apex.

16. The legislative investigation also uncovered, as part of the highly irregular

procurement process conducted by the Puerto Rico authorities, that Apex had submitted

a corporate resolution with AV’s forged signature, stating that AV was authorized to act

on its behalf.

17. The House of Representatives issued a report with its findings, which it

referred to the Puerto Rico Department of Justice (hereinafter “PRDOJ”) and several

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federal law enforcement agencies, with a request that they all investigate the matter fully,

given the suspected violation of penal statutes by the various Puerto Rico officials that

mishandled the botched sale.

18. The PRDOJ and the Office of the Inspector General of the U.S. Department

of Health and Human Services (hereinafter “OIG”) initiated separate inquiries on the

matter.

19. AV, who resided in Puerto Rico at that time, cooperated fully with both

inquiries while proclaiming his innocence. He was eventually exonerated of any

wrongdoing by the PRDOJ and the OIG.

20. AV decided to leave Puerto Rico after he received a letter, dated October

29, 2020, from then Acting Secretary of Justice for the Commonwealth of Puerto Rico, a

true and accurate copy of which is attached hereto as Exhibit 1.

21. AV has been a permanent resident of Virginia since December of 2020. He

lives with his wife in a house that they jointly purchased in the Virginia Beach area and

works in the business that he established therein.

B. The criminal charges recently filed against AV:

22. On November 4, 2021, AV was charged by a Special Prosecutor designated

by the Puerto Rico Panel of Independent Special Prosecutor (“Panel sobre el Fiscal

Especial Independiente”) in four (4) criminal complaints that were filed in absentia and

that alleged the commission of four (4) felonies stemming from the botched sale of Covid-

19 rapid tests to the Puerto Rico Department of Health in March of 2020.

23. AV was charged for allegedly aiding and abetting an attorney and resident

of Puerto Rico by the name of Juan Maldonado (hereinafter “Maldonado”) in the

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commission of the charged criminal offenses. Maldonado was charged with a fifth offense

in which AV was not named as a defendant. Interestingly, no Puerto Rico official was

charged, which raises numerous concerns and questions about the Panel of Independent

Special Prosecutor’s capacity and jurisdiction to charge two (2) private citizens and about

the propriety of those charges.

24. Maldonado appeared before the Puerto Rico Municipal Judge that held the

hearing required by Puerto Rico Rule of Criminal Procedure 6, accompanied and assisted

by the counsel of his choice, who, understandably, challenged the jurisdiction of the Panel

of Independent Special Prosecutor to submit the criminal complaints when no Puerto Rico

official was charged.

25. Later that same day, the Puerto Rico Municipal Judge that held the Rule 6

hearing found probable cause to arrest both Maldonado and AV and set bail at

$50,000.00 for each of the charged offenses. Thus, Maldonado’s bail amounted to

$250,000.00 while AV’s to $200,000.00.

26. Maldonado’s bail was deferred pursuant to Puerto Rico Rules of Criminal

Procedure 6.1 and 218 following OSAJ’s recommendation to that effect.

27. Since AV was not present at the Rule 6 hearing, no determination was made

as to whether his bail would also be deferred.

28. As soon as AV learned about the criminal charges that had been filed

against him, he retained local counsel, who immediately began to take steps to arrange

for AV’s voluntary surrender and to seek deferment of the bail imposed.

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29. To that end, AV’s counsel held three (3) separate telephone conferences

with OSAJ’s Supervisors. Director Rodríguez participated in the last two conferences,

which were held on November 12, 2021 and November 16, 2021, respectively.

30. AV meets all OSAJ’s criteria to warrant that his bail be deferred, just as

Maldonado’s.

31. However, Director Rodríguez and OSAJ’s employees under her supervision

have taken the position that they may not recommend that AV’s bail be deferred because

they deem that OSAJ will not be able to adequately supervise AV during his pretrial

release solely premised on the fact that he is not a Puerto Rico resident.

32. Director Rodríguez has maintained that position notwithstanding the fact

that AV’s attorneys unequivocally conveyed to her that AV’s Virginia residency may not

and could not be taken, directly or indirectly, as a factor to deny him the deferred bail to

which he would be entitled if he was a Puerto Rico resident. Please refer to the November

12, 2021, letter that was delivered to Director Rodríguez that same date, a true and

accurate copy of which is attached hereto as Exhibit 2.

33. Given that Director Rodríguez failed to modify said position, AV has no other

legal recourse but to seek the protections under the Privileges and Immunities Clause

through this action since he does not have the financial means to post the $200,000.00

bail that was imposed in absentia and he is entitled to the same treatment received by his

Co-Defendant, who is a Puerto Rico resident.

V. Constitutional Claim

34. Plaintiff repeats and incorporates all the allegations contained in

paragraphs 1 through 33 as if fully set forth herein.

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35. The Privileges and Immunities Clause, U.S. Const. art. IV, § 2, was inserted

into the Constitution “to help fuse into one Nation a collection of independent, sovereign

States.” Toomer v. Witsell, 334 U.S. 385, 395 (1948).

36. Specifically, “the Privileges and Immunities Clause is concerned with state

laws that distinguish between residents and non-residents”, Experience Hendrix, L.L.C.

v. HendrixLicensing.com, LTD, 766 F. Supp. 2d 1122, 1141 n. 23 (W.D. Wash. 2011),

and “is triggered by discrimination against out-of-state residents on matters of

fundamental concern.” A.L. Blades & Sons, Inc. v. Yerusalim, 121 F.3d 865, 870 (3d Cir.

1997) (quoting United Bldg. & Constr. Trades Council of Camden County and Vicinity v.

Mayor and Council of the City of Camden, 465 U.S. 208, 221 (1983). See also Costas-

Elena v. Municipality of San Juan, 714 F. Supp. 2d 263, 271 (D.P.R. 2010) (“The

Privileges and Immunities Clause prohibits a state government from discriminating

against nonresidents of that state on matters bearing on certain fundamental rights.”).

37. In United States v. Salerno, which involved a challenge to Bail Reform Act,

the Supreme Court recognized the “general rule,” under substantive principles, “that the

government may not detain a person prior to a judgment of guilt in a criminal trial” unless

detention satisfies a heightened level of constitutional scrutiny.” United States v. Salerno,

481 U.S. 739, 749 (1987). The Supreme Court acknowledged “the importance and

fundamental nature of” a defendant’s right to physical freedom from incarceration prior to

conviction. Id. at 750.

38. Thus, the “right to physical freedom from incarceration prior to conviction",

Nashville Cmty. Bail Fund v. Gentry, 496 F. Supp. 3d 1112, 1136 (M.D. Tenn. 2020), is

one of the fundamental rights that activates the protections of the Privileges and

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Immunities Clause. See also Schultz v. State, 330 F. Supp. 3d 1344, 1358 (N.D. Ala.

2018) (“Criminal defendants have a constitutional right to pretrial liberty. The law

presumes that defendants are innocent until the State proves otherwise.”).

39. Congress expressly extended the Clause to Puerto Rico in 1947 via statute.

48 U.S.C. § 737; see also Mullaney v. Anderson, 342 U.S. 415, 420 (1952). As explained

in Mullaney, the Privileges and Immunities Clause prohibits Puerto Rico from

“discriminat[ing] against citizens of the United States who are not residents of Puerto

Rico.” Mullaney, 342 U.S. at 420 n. 2.

40. The Clause is not absolute since it does not preclude discrimination when

nonresidents are shown to constitute a “peculiar source of evil.” Toomer, 334 U.S. at 398.

Discrimination against nonresidents is allowed where: (1) there is a substantial reason for

the differential treatment, and (2) the discrimination bears a substantial relationship to the

state’s objective.” Supreme Court of New Hampshire v. Piper, 470 U.S. 274, 284 (1985).

41. Thus, OSAJ would be justified in discriminating against AV as a nonresident

defendant for purposes of deferred bail denial if, and only if, (1) the discrimination was

aimed at some “peculiar source of evil,” which has been described as a “substantial

reason” for the discrimination, and (2) the discrimination in question had a substantial

relationship to the state’s objective. Piper, 470 U.S. at 284. When considering whether

the state’s objective has a substantial relationship to the discrimination, the court must

look at whether there are any less restrictive means of achieving the given objective.

Barnard v. Thorstenn, 489 U.S. 546, 552-53 (1989).

42. The discriminatory consideration of OSAJ against AV because of his

nonresident condition – as well as other factors considered by the Program when

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recommending a deferred bail – intends to serve the state’s objective of avoiding the risks

of the defendant’s failed appearance, the commission of new crimes or any other

interference with the orderly administration of justice. See Law No. 151-2014.

43. In this case, as soon as AV learned of the criminal charges that had been

filed against him in absentia, he retained counsel, who began to take steps to arrange for

his voluntary surrender and to seek deferment of the bail imposed.

44. In that respect, the “state’s objective” behind OSAJ’s position does not

justify the discrimination against AV. When considering whether there are any less

restrictive means of achieving the stated objective, the simple fact of recommending AV

to a deferred bail is self-evident. In short, AV does not represent a “peculiar source of

evil” nor is state-sanctioned discrimination against him the least restrictive way of

achieving the Commonwealth’s objectives.

VI. Prayer for Relief

WHERFORE, AV respectfully requests the Honorable Court to:

A. Issue a Declaratory Judgment decreeing that the actions and omissions by

OSAJ’s Director have deprived AV of his fundamental right to pretrial liberty prior to

conviction on account of his Virginia residency and in violation of the Privileges and

Immunities Clause;

B. Grant injunctive relief prohibiting OSAJ and Director Rodríguez from

refusing to recommend AV to a deferred bail premised directly or indirectly on the fact

that AV is not a Puerto Rico resident;

C. Tax Director Rodríguez with costs and attorney’s fees; and

D. Grant any other and further relief as may be deemed just and proper.

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 Case 3:21-cv-01552 Document 1 Filed 11/22/21 Page 11 of 11

Respectfully submitted, in San Juan, Puerto Rico, on this 22nd day of November,

2021.

S/Guillermo Ramos Luiña S/Leonardo M. Aldridge

GUILLERMO RAMOS LUIÑA LEONARDO M. ALDRIDGE
USDC No. 204007 USDC No. 300011
[email protected] [email protected]

Despacho Jurídico Ramos Luiña, LLC ECIJA-SBGB Law Offices

P.O. Box 22763, UPR Station Miramar Plaza, Second Floor
San Juan, PR 00931-2763 Santurce, PR 00907
Tel.: (787) 620-0527 Tel.: 787-370-9024
Fax: (787) 620-0039 Fax: 787-300-3208

Attorneys for Plaintiff Aaron Vick

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 Case 3:21-cv-01552 Document 1-1 Filed 11/22/21 Page 1 of 2

Exhibit 1
GOBIERNO DE PUERTO RICO Hon Wancla Vózquez Gatced
kt~~3?Departamento de Justicia
* Hon. Inés del C. Carrau Martinez
SecrctaLia Interina

29 de octubre de 2020

Sr. Aaron Vick

81 Calle Kings Court
Apt. 2 A
Santurce, Puerto Rico

Estimado señor Vick:

El 30 de marzo de 2020, ci Portavoz de Ia Delegacion p p D , Rafael Hern~.ndez Montaftez, rernitto a

Ia atencion del Departamento de Justicia una cotnunicaclon que contiene una serie de alegacrones en
contra de la Gobernadora de Puetto Rico, Wanda Va2quez Garced y ottas personas, pot la fallida
compra de pruebas de COVID-19 yb relacionan con la posible comisión de un delito.

La Division de Integridad PubJaca y Asuntos del Contralor evaluo toda la evidencia recopilada en ci
curso de una investigacton prehimnar De conforrmdad a lo enunciado en ci Articulo 4 de la
Ley Nuni 2 de 23 de febrero de 1988, segtn enmendada, conocida como IA) dcl Panel Sobre ci Fiscal
Especial Independiente, le notificamos que hemos nottficado ai Panel Sobre ci Fiscal Especial
Indep&ndiente nuestra detentinación dc no recomendar en su caso la designaci6n de tin Fiscal
Especial Independiente.

Para aciarar cualquter duda, se puede coniunicar con la Fiscal de Distuto, Phoebe B Isales
Forsythe, Dfrectora de la División de Integridad Póblica y .Asuntos del Cantralor al
(787) 721-2900 ext. 1664.

Cordialmente,

In s del C.
Secretaria Ii

Ediflcio 671 CalleTeniente Cdsar Gonzdlez 677 esq Ave TesusT Pinero San Juan Puerto Rico ongig p
C
o Box 9020192 San Juan Puerto Rico 00902 0192
 Case 3:21-cv-01552 Document 1-1 Filed 11/22/21 Page 2 of 2
CERTIFIED TRANSLATION

Logo GOVERNMENT OF PUERTO RICO Hon. Wanda Vázquez Garced

D e p a r t m e n t of J u s t i c e Governor

Hon. Inés del C. Carrau Martínez

Acting Secretary

October 29, 2020

Mr. Aaron Vick

81 Kings Court Street
Apt. 2 A
Santurce, Puerto Rico

Dear Mr. Vick:

On March 30, 2020 the Speaker of the P.D.P. Delegation, Rafael Hernández Montañez, forwarded
a communication to the attention of the Department of Justice that contains a series of allegations
against the Governor of Puerto Rico, Wanda Vázquez Garced and other persons, for the failed
purchase of COVID-19 tests and they relate it with the possible commission of a crime.

The Division of Public Integrity and Comptroller Affairs evaluated all the evidence collected
during the course of a preliminary investigation. According to the provisions of Article 4 of Law
No. 2 of February 23, 1988, as amended, know as the Law of the Panel on the Independent Special
Prosecutor, we notify you that we have notified the Panel on the Independent Special Prosecutor
our determination not to recommend in your case the designation of an Independent Special
Prosecutor.

To clarify any doubts, you can communicate with the District Prosecutor, Phoebe E. Isales
Forsythe, Director of the Division of Public Integrity and Comptroller Affairs at (787) 721-2900
ext. 1664.

Cordially,

s/ Inés del C. Carrau Martínez

Acting Secretary

logo
Building 677, 677 Teniente César González Street corner Jesús T. Piñero Ave., San Juan, Puerto Rico 00919; P.O. Box 9020192, San Juan, Puerto Rico 00902-0192
(787) 721-2900 www.justicia.pr.gov

I, Juan E. Segarra, USCCI #06-067/translator, certify that the foregoing is a true and accurate
translation, to the best of my abilities, of the document in Spanish which I have seen.
Case 3:21-cv-01552 Document 1-2 Filed 11/22/21 Page 1 of 2

Exhibit 2
Case 3:21-cv-01552 Document 1-2 Filed 11/22/21 Page 2 of 2
JS 44 (Rev. 04/21) Case 3:21-cv-01552 Document
CIVIL COVER 1-3 SHEET
Filed 11/22/21 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Aaron Vick Janette Rodríguez
(b) County of Residence of First Listed Plaintiff Virginia Beach, VA County of Residence of First Listed Defendant San Juan, PR
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

Guillermo Ramos Luiña, Esq., PO Box 22763, UPR

Station, San Juan, PR 00931-2763; tel. 787-620-0527
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✖ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation X 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Privileges and Immunities Clause made applicable to Puerto Rico by 48 USC § 737
VI. CAUSE OF ACTION Brief description of cause:
Action to preclude discrimination on account of Plaintiff's out-of-state residency
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 0.00 JURY DEMAND: Yes X No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
November 22, 2021 s/Guillermo Ramos Luiña
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 04/21) Case 3:21-cv-01552 Document 1-3 Filed 11/22/21 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then
the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statute.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service.

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:21-cv-01552 Document 1-4 Filed 11/22/21 Page 1 of 1
 Case 3:21-cv-01552 Document 1-5 Filed 11/22/21 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
District
__________ of Puerto
District Rico
of __________

)
Aaron Vick )
)
)
Plaintiff(s) )
)
v. Civil Action No. 21-1552
)
)
Janette Rodríguez, in her official capacity as Director )
of the Pretrial Services Program of the )
Commonwealth of Puerto Rico, known as OSAJ )
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

Janette Rodríguez
Urb. Tres Monjitas Industrial Park
Ave. Tnte. Cesar Gonzalez, Calle Calaf #34
San Juan, Puerto Rico

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:

Guillermo Ramos Luiña, Esq.

PO Box 22763, UPR Station
San Juan, PR 00931-2763

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
 Case 3:21-cv-01552 Document 1-5 Filed 11/22/21 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 21-1552

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

u I personally served the summons on the individual at (place)

on (date) ; or

u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

u I returned the summons unexecuted because ; or

u Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc: