Gaetani v. Hadley et al
| Craig Gaetani |
| David J Hadley, Susan E McMahon, Commonwealth of Massachusetts and Trial Court of the Commonwealth of Massachusetts |
| 3:2014cv30057 |
| March 28, 2014 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Berkshire |
| Michael A. Ponsor |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
53
Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. For the foregoing reasons, Defts' Motion to Dismiss - 41 is ALLOWED with respects to counts I & II and DENIED with respects to Counts III, IV and V. (Finn, Mary)
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Filing
28
Judge Mark G. Mastroianni: MEMORANDUM AND ORDER entered. As follows: For the reasons stated, Defendants motion to dismiss (Dkt. No. 12 ) is granted in part and denied in part. At the outset, Plaintiffs complaint will hereinafter be interpreted as as serting claims against Defendants only in their individual capacities. Additionally, all claims against the Commonwealth and the Trial Court are also dismissed without prejudice (including, but not limited to, Count 9). Plaintiffs Freedom of Speech ( Count 1), Access to the Courts (Count 2), and Massachusetts Civil Rights Act (Count 6) claims are dismissed without prejudice. To the extent that Plaintiff has asserted a substantive due process claim (Count 4), it is dismissed without prejudice. Pla intiffs procedural due process claim (Count 4) survives, as Defendants have not directly contested it. Plaintiff has conceded his conspiracy claim (Count 5) and his Massachusetts Torts Claims Act claim (Count 7), and the court therefore dismisses the se claims without prejudice. Defendants motion is denied, insofar as it requests dismissal of Plaintiffs Fourth Amendment (Count 3) and assault and battery (Count 8) claims. Counts 3 and 8, therefore, survive in their current form. Finally, the court also denies Defendants motion to preclude certain types of relief against Hadley and McMahon. It is So Ordered. See the attached memo and order for complete details (Lindsay, Maurice)
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