VARGAS GORDILS v. VELEZ VAZQUEZ et al

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b-07-00324-ESL Doc#:31 Filed:11/17/08 Entered:11/17/08 10:06:11 Desc: Main

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IN THE UNITED STATES BANKRUPTCY COURT
DISTRICT OF PUERTO RICO

IN RE:
JESUS VARGAS GORDILS CASE: B-07-00296 ESL

Debtor
Chapter 13
JESUS VARGAS GORDILS

Plaintiffs
ADV. NO. 07-0324
Vv.

MICHELLE VELEZ VAZQUEZ, FRANCISCO
VELEZ VAZQUEZ, FRANCES VELEZ
VAZQUEZ, JOSE R. CARRION, TRUSTEE,
REGISTRY OF PROPERTY MAYAGUEZ
REGISTRY; JUSTICE SECRETARY FOR
THE COMMONWEALTH OF PUERTO RICO

Defendant(s)

MEMORANDUM AND ORDER
This adversary proceeding is before the court on the motion to dismiss filed by the Registrar
of the Mayaguez Property Registry based on the Eleventh Amendment to the U.S. Constitution, and

the opposition thereto filed by debtor/ plaintiff. Plaintiff opposes the motion to dismiss alleging that

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AUTHENTICATED
U.S. GOVERNMENT
INFORMATION |

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the immunity afforded by the Eleventh Amendment to the U.S. Constitution is inapplicable to the
present action as the complaint is not requesting damages against the Registrar, and “[t]he only relief
the plaintiff asks of the co-defendant, is for the Registry of the Property to comply with its
obligations to the Commonwealth of Puerto Rico and its constituents.”

The second amended complaint (dkt #23) seeks to determine the validity of a lien over
debtor’s residence and the extent of the lien. Plaintiff understands (See paragraph 4 of the second
amended complaint) that the Registrar “must be brought to the [this]” court’s jurisdiction.

The responsibilities of Registrars are found in 30 L.P.R.A. §2054. The statute provides that:

“The responsibility of the registrars for their actions in the
performance of their office shall be governed by existing provisions
applicable to all other public officials.

Property registrars shall enjoy the same immunities enjoyed by
judges with respect [to] their civil responsibility, in the performance

of their functions, without any prejudice to the liability that may
correspond to the state.”

Cas4:07-00324-ESL Doc#:31 Filed:11/17/08 Entered:11/17/08 10:06:11 Desc: Main

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Although judicial immunity may not bar a request for injunctive relief; Pullman v. Allen, 446

US. 522, 104 S. Ct. 1970, 80 L. Ed. 2d 565 (1984); Adames v. Fagundo, 198 Fed. Appx. 20 (1* Cir
2006); there are no allegations in the second amended complaint stating that the Registrar has failed
to comply with the duties and responsibilities of the office. To assume that the Registrar will not
comply with his/her statutory responsibilities unless he/she is anamed co-defendant is inappropriate.

It is a basic tenet of our system of justice that judicial officers must be free to decide
controversies without fear of personal consequences, Stump v. Sparkman, 435 U.S. 349(1978), and

are entitled to judicial immunity for their actions in furtherance of their judicial duties and

responsibilities, unless performed in clear absence of all jurisdiction, Mireles v. Waco,502 U.S. 9, 11

(1991); Forrester v, White, 484 U.S. 219, 227-229 (1988). The scope of subject matter jurisdiction
must be broadly construed. Stump, 435 U.S. at 356. A judge (Registrar) is entitled to judicial
immunity even if he or she acted in error, including whether or not the automatic stay provisions of
11 U.S.C. 362(a) are applicable to the controversy before said court (Registry). Kearns v. Orr, 161
B.R. 701, 704(D. Kansas 1993).

Consequently, the second amended complaint is hereby dismissed as to co-defendant the
Registrar of the Mayaguez Property Registry. Partial judgment shall be entered accordingly.

SO ORDERED. _ ,

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In San Juan, Puerto Rico, this / 3 “day of November, 2008.

QUE 8, LAMOUTTE
». Bankruptcy Judge