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Demanda de Aaron Vick Contra PSAJ
Demanda de Aaron Vick Contra PSAJ
Plaintiff
vs. RE:
COMPLAINT
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:
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
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
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.
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.
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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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
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
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
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
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
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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
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
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
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
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
lives with his wife in a house that they jointly purchased in the Virginia Beach area and
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-
23. AV was charged for allegedly aiding and abetting an attorney and resident
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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
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
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
26. Maldonado’s bail was deferred pursuant to Puerto Rico Rules of Criminal
27. Since AV was not present at the Rule 6 hearing, no determination was made
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
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
V. Constitutional Claim
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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
36. Specifically, “the Privileges and Immunities Clause is concerned with state
laws that distinguish between residents and non-residents”, Experience Hendrix, L.L.C.
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
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
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
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
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).
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.
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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
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
evil” nor is state-sanctioned discrimination against him the least restrictive way of
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;
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.
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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
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
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,
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)
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
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.
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
)
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) )
Janette Rodríguez
Urb. Tres Monjitas Industrial Park
Ave. Tnte. Cesar Gonzalez, Calle Calaf #34
San Juan, Puerto Rico
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:
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
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
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 Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address