Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Motions
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Motions
Judges

EDMUND F. BURKE, Plaintiff, v. TOWN OF WALPOLE, et al, Defendants

ORDER

GEORGE O'TOOLE, District Judge

On May 15, 2003, Magistrate Judge Cohen filed a Report and Recommendation as to the disposition of certain pending motions to dismiss. Having reviewed the Report as well as the objections to it thereafter received from the plaintiff and the defendant Kathleen M. Crowley, I adopt the Report and its Recommendations with one exception: I conclude that the claim against defendant Crowley for violation of the Massachusetts Civil Rights Act also ought to be dismissed because the plaintiff has not adequately pleaded facts that, if believed, would prove that any interference by Crowley with the plaintiff's rights was accomplished by means of "threats, intimidation or coercion" as required by the state statute, Mass. Gen. Laws ch. 12, § 11H.

Accordingly, Crowley's motion to dismiss (Dkt. no. 138) is GRANTED IN PART and DENIED IN PART. The following claims are dismissed: Counts 3, 4, 7, 10 (to the extent based upon the execution of the warrant or upon conversion), 11, and 14.

The motions of the defendants Kessler (Dkt. no. 141) and Evans (Dkt. no. 157) to dismiss Count 13 are GRANTED.

It is SO ORDERED.

Use AI to get other relevant cases.

Comments

BURKE v. TOWN OF WALPOLE
(Aug 5, 2003)