Fairbanks v. Danvers, Town of et al
| Matthew Fairbanks |
| Danvers, Town of, Dana O'Hagan, Carleton, Cassidy, George and Janvrin |
| 1:2016cv10023 |
| January 7, 2016 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Essex |
| Nathaniel M. Gorton |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
80
Judge Nathaniel M. Gorton: ORDER entered. MEMORANDUM AND ORDER: For the foregoing reasons, plaintiffs motion for reconsideration and to alter or amend the judgment (Docket No. 73 ) is ALLOWED and the Courts prior Memorandum and Order (Docket No. 71 ) is AMENDED as follows:1) Defendants motion for summary judgment as to Count I of the complaint for false arrest is ALLOWED; and2) Defendants motion for summary judgment as to Count II for unlawful search and as to Count III for unlawful seizure is DENIED. The judgement entered on August 10, 2018 (Docket No. 72 ) is hereby VACATED. So ordered. (Vieira, Leonardo)
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Filing
71
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDER. For the forgoing reasons, defendants' motion for summary judgment (Docket No. 49 ) is ALLOWED. Plaintiff's motions for an order to declare witness incomp etent to testify (Docket No. 40 ) and to seal medical records (Docket No. 41 ) and defendants' motions for extension for time (Docket No. 45 ) and motion to strike (Docket No. 67 ) are DENIED AS MOOT.So ordered. (Franklin, Yvonne)
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Filing
25
Judge Nathaniel M. Gorton: ENDORSED ORDER entered. MEMORANDUM AND ORDERIn accordance with the forgoing, defendants motion to dismiss for the failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) (Docket No. 19) is, with respect to plainti ffs claims for 1) the illegal seizure of the firearms from his vehicle, 2) a violation of his Second Amendment rights, 3) a violation of the Equal Protection Clause and 4) impermissible takings of his property, ALLOWED but otherwise DENIED. Therefore, plaintiffs claims for 1) false arrest, 2) an unreasonable search and 3) the impermissible seizure of the items from hisapartment remain pending.So ordered.(Caruso, Stephanie)
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