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 |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
---|
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) |
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) |
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.