Mello v. Vesey et al
| Joshua Mello |
| Timothy Vesey, Cranston Public Schools, Cranston School Department, Jeannine Nota-Masse, Norma Cole, Richard Willette, Roxanne Gustafson, Donna-Marie Frappier, Michael Simpson, Joe Balducci, Zac Ferrell, Cranston School Committee and Tonya Morena |
| 1:2025cv00520 |
| October 8, 2025 |
| U.S. District Court for the District of Rhode Island |
| John J McConnell |
| Amy E Moses |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on May 20, 2026. A more recent docket listing may be available from PACER.
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Filing 14
RESPONSE In Opposition to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joshua Mello. Replies due by 4/9/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Email) (Gonzalez Gomez, Viviana)
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Filing 13
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joe Balducci, Norma Cole, Cranston Public Schools, Cranston School Committee, Cranston School Department, Zac Ferrell, Donna-Marie Frappier, Roxanne Gustafson, Kenneth Hopkins, Angelica Infante-Green, Jeannine Nota-Masse, Michael Simpson, Timothy Vesey, Richard Willette. Responses due by 4/7/2026. (Attachments: #1 Supporting Memorandum)(Scott- Benevides, Julia)
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Filing 12
NOTICE of Appearance by Julia Scott- Benevides on behalf of Joe Balducci, Norma Cole, Cranston Public Schools, Cranston School Committee, Cranston School Department, Zac Ferrell, Donna-Marie Frappier, Roxanne Gustafson, Jeannine Nota-Masse, Michael Simpson, Timothy Vesey, Richard Willette (Scott- Benevides, Julia)
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Filing 11
SUMMONS Returned Executed by Joshua Mello. Joe Balducci served on 3/3/2026, answer due 3/24/2026; Norma Cole served on 3/3/2026, answer due 3/24/2026; Cranston Public Schools served on 3/3/2026, answer due 3/24/2026; Cranston School Committee served on 3/3/2026, answer due 3/24/2026; Cranston School Department served on 3/3/2026, answer due 3/24/2026; Zac Ferrell served on 3/3/2026, answer due 3/24/2026; Donna-Marie Frappier served on 3/3/2026, answer due 3/24/2026; Roxanne Gustafson served on 3/3/2026, answer due 3/24/2026; Jeannine Nota-Masse served on 3/3/2026, answer due 3/24/2026; Michael Simpson served on 3/3/2026, answer due 3/24/2026; Timothy Vesey served on 3/3/2026, answer due 3/24/2026; Richard Willette served on 3/3/2026, answer due 3/24/2026. (Attachments: #1 Cranston Public Schools, #2 Cranston School Department, #3 Jeannine Nota-Masse, #4 Norma Cole, #5 Richard Willette, #6 Roxanne Gustafson, #7 Donna-Marie Frappier, #8 Michael Simpson, #9 Joe Balducci, #10 Zac Ferrell, #11 Cranston School Committee)(Hill, Cherelle)
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TEXT ORDER: Mr. Mello has filed an Amended Complaint adding defendant Tonya Morena. Because he is proceeding with In Forma Pauperis status, his Amended Complaint is subject to screening for plausibility. He alleges that Ms. Morena conspired with state actors to violate his parental rights under the Protection of Pupil Rights Amendment ("PPRA"), 20 U.S.C. 1232h by opting their minor child into surveys administered by her school. The defendant Cranston actors honored that opt-in by determining that it overrode Mr. Mello's opt-out. Mr. Mello has sued Ms. Morena for being part of a civil conspiracy to violate his parental rights. The essence of a civil conspiracy, however, is a meeting of the minds with a purpose to commit an unlawful act. Estate of Bennett v. Wainwright, 548 F.3d 155, 178 (1st Cir. 2008). Here, Mr. Mello points only to Ms. Morena's exercising her own parental rights but that fact alone is insufficient to warrant an inference that she reached a meeting of the minds with Cranston officials to deprive Mr. Mello of his rights under the PPRA. The claim against Ms. Morena is DISMISSED. So Ordered by Chief Judge John J. McConnell, Jr. on 2/19/2026. (Jackson, Ryan)
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Filing 10
Corrected AMENDED COMPLAINT against Joe Balducci, Norma Cole, Cranston Public Schools, Cranston School Committee, Cranston School Department, Zac Ferrell, Donna-Marie Frappier, Roxanne Gustafson, Tonya Morena, Jeannine Nota-Masse, Michael Simpson, Timothy Vesey, Richard Willette, filed by Joshua Mello. (Attachments: #1 Exhibits A through E, #2 Email Chain) (Gonzalez Gomez, Viviana)
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Filing 9
Summons Request as to Tonya Morena filed by Joshua Mello. (Attachments: #1 USM-285 Form, #2 Email) (Gonzalez Gomez, Viviana)
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Filing 8
AMENDED COMPLAINT against All Defendants, filed by Joshua Mello. (Attachments: #1 Email) (Gonzalez Gomez, Viviana)
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Filing 7
Summons Issued as to Joe Balducci, Norma Cole, Cranston Public Schools, Cranston School Committee, Cranston School Department, Zac Ferrell, Donna-Marie Frappier, Roxanne Gustafson, Jeannine Nota-Masse, Michael Simpson, Timothy Vesey, Richard Willette. (Attachments: #1 USM-285 Form as to Vesey, #2 Summons Issued as to Cranston Public Schools, #3 USM-285 Form as to Cranston Public Schools, #4 Summons Issued as to Cranston School Department, #5 USM-285 Form as to Cranston School Department, #6 Summons Issued as to Nota-Masse, #7 USM-285 Form as to Nota-Masse, #8 Summons Issued as to Cole, #9 USM-285 Form as to Cole, #10 Summons Issued as to Willette, #11 USM-285 Form as to Willette, #12 Summons Issued as to Gustafson, #13 USM-285 Form as to Gustafson, #14 Summons Issued as to Frappier, #15 USM-285 Form as to Frappier, #16 Summons Issued as to Simpson, #17 USM-285 Form as to Simpson, #18 Summons Issued as to Balducci, #19 USM-285 Form as to Balducci, #20 Summons Issued as to Ferrell, #21 USM-285 Form as to Ferrell, #22 Summons Issued as to Cranston School Committee, #23 USM-285 Form as to Cranston School Committee)(Gonzalez Gomez, Viviana)
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DOCKET NOTE: #4 Order granting IFP, Issued Summonses, USM-285 Forms, and #1 Complaint with Attachments 1 through 6 were forwarded to the United States Marshals for service. (Gonzalez Gomez, Viviana)
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Filing 6
Summons Requests and USM-285 Forms filed by Joshua Mello. (Attachments: #1 USM-285 Form as to Vesey, #2 Summons Request as to Cranston Public Schools, #3 USM-285 Form as to Cranston Public Schools, #4 Summons Request as to Cranston School Department, #5 USM-285 Form as to Cranston School Department, #6 Summons Request as to Nota-Massey, #7 USM-285 Form as to Nota-Massey, #8 Summons Request as to Cole, #9 USM-285 Form as to Cole, #10 Summons Request as to Willette, #11 USM-285 Form as to Willette, #12 Summons Request as to Gustafson, #13 USM-285 Form as to Gustafson, #14 Summons Request as to Frappier, #15 USM-285 Form as to Frappier, #16 Summons Request as to Simpson, #17 USM-285 Form as to Simpson, #18 Summons Request as to Balducci, #19 USM-285 Form as to Balducci, #20 Summons Request as to Ferrell, #21 USM-285 Form as to Ferrell, #22 Summons Request as to Cranston School Committee, #23 USM-285 Form as to Cranston School Committee) (Gonzalez Gomez, Viviana)
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Filing 5
Letter sent to Joshua Mello requesting that the Process Receipt and Return form (USM-285) and summons be completed in order for the U.S. Marshals Service to effectuate service pursuant to Fed. R. Civ. P. 4(c)(3). USM -285 form can be found by clicking # here. (Gonzalez Gomez, Viviana)
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The United States Marshals Service is hereby ordered to serve the plaintiffs summons and complaint on the defendants. Further, dismissing Defendants Cranston Mayor Kenneth Hopkins and State Education Commissioner Angelica Infante-Green. So Ordered by Chief Judge John J. McConnell, Jr. on 12/1/2025. (Jackson, Ryan)
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Filing 3
CASE OPENING NOTICE ISSUED (Hill, Cherelle)
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Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Joshua Mello. (Hill, Cherelle)
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Filing 1
COMPLAINT, filed by Joshua Mello. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Hill, Cherelle)
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Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Amy E. Moses. (Hill, Cherelle)
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