Unitt et al v. Spencer et al
| Lee P. Unitt |
| Daniel Bennett, Luis Spencer, Carol Higgins O'Brien, Thomas Turco, Lynn Bissonnette, Lynn Lizotte, Dale Bissonnette, Kyle Pelletier, Erin Gaffney, Sergio Servello, James Callaghan, Carol Mici, Colleen Rosales, Matthew Divris, Katherine Higgins, Kate Silvia, Kevin Anahory, Christine Horn, Cesar Novoa, Carrie Halowecki, Robert Higgins, Theresa Lowe, Jason Allain, William Mitchell, Destiny Ordway-Flannery, Vivian Mercado, Nancy Ankers White, MADOC Legal Department and the MADOC, Paul Henderson and Allison Hallett |
| 1:2017cv11468 |
| August 9, 2017 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| Richard G. Stearns |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
115
Judge Richard G. Stearns: ORDER entered granting in part and provisionally denying in part 105 Motion for Judgment on the Pleadings. 1. The claims under the ADA are DISMISSED as to defendants Collins, Gaffney, and Pelletier. 2. The 7; 1983 claims against Collins and Gaffney are DISMISSED. 3. The court will give plaintiff ten (10) days from the date of this decision to file an argument as to whether the § 1983 claim against Pelletier should go forward or it will otherwise dismiss the remaining claim with prejudice.(RGS, law2)
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Filing
87
Judge Richard G. Stearns: ORDER entered granting in part and denying in part 74 Motion to Dismiss for Failure to State a Claim (mkz)
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Filing
76
Judge Richard G. Stearns: ORDER entered granting in part and denying in part 65 Motion to Dismiss for Failure to State a Claim. The claims under the ADA are DISMISSED as to all defendants. The § 1983 claims against Horn are DISMISSED. The motion is DENIED with regard to the § 1983 claims against Novoa, Holowacki, Brown, and Richards. [Copy of order mailed to plaintiff on 5/7/2019.] (PSSA, 3)
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Filing
22
Judge Richard G. Stearns: ORDER entered. The Proposed Amended Complaint shall be docketed as the Amended Complaint in this action. The claims will be limited to those regarding medical care, the use of excessive force, and any claims under the Amer icans with Disabilities Act. The Court shall sever from this action all claims concerning air quality, air temperature, ventilation, contaminants, toxic substances, and overcrowding at MCI Framingham. The Clerk shall assign a separate docket number to these claims. The Proposed Amended Complaint shall be docketed as the Complaint in the new case, and the Clerk shall also docket a copy of this Order in the case. The case shall be randomly assigned to a judicial officer. [See Order for complete text.] [Order mailed to plaintiff on 6/29/2018.](PSSA, 3)
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Filing
15
Judge Richard G. Stearns: ORDER entered denying 10 Motion for Leave to File Document ; granting 11 Motion to Seal Document. If Unitt wishes to pursue this action, she must file an amended complaint that complies with the rules of joinder of pa rties and claims set out above. The $400 filing fee which Unitt has paid will continue to be applied to this case. The amended complaint must be filed within 42 days of the date of this order (May 22, 2018). Failure to comply with this order will result in dismissal of the case. To the extent that Unitt wishes to pursue claims that cannot be joined in a single lawsuit, she must file, within 42 days of the date of this order (May 22, 2018), as many separate proposed amended complaints as required to ensure compliance with the rules of joinder of claims and parties. Once filed in this action, the court will order that any proposed amended complaint be severed from this action and, with the original Complaint in this action, docketed as a new case. Unitt will be required to pay a $400 filing fee for each of these cases. As long as a proposed amended complaint is filed by May 22, 2018, for purposes of the statute of limitations and relation back of amendments, the date this action was commenced (August 3, 2017) will be considered to be the commencement date of any new case opened as result of severing claims from this action. [Copy of Order mailed to plaintiff on 4/10/2017.] (PSSA, 3)
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Filing
14
Judge Richard G. Stearns: ORDER entered denying 12 Motion for TRO; denying 12 Motion for Protective Order; denying 13 Motion for Order on Temporary Restraining Order and Preliminary Injunction Requests. [Copy mailed to plaintiff on 2/5/2018.] (PSSA, 3)
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Filing
5
Judge Richard G. Stearns: ORDER entered. Within 21 days of this Procedural Order (by August 30, 2017), plaintiff either shall (1) pay the $400.00 filing and administrative fees; or (2) file an application to proceed in forma pauperis accompanie d by a certified prison account statement. Failure of the plaintiff to comply with this directive may result in the dismissal of this action. [Order mailed to plaintiff on 8/9/2017 with Application to Proceed in District Court Without Prepaying Fees or Costs. Copy of order mailed to treasurer of MCI Framingham on 8/9/2017.] (PSSA, 3)
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