Tierney v. Town of Framingham
Tierney v. Town of Framingham
Opinion of the Court
This is an action alleging a variety of claims for relief under
Nearly all defendants have moved to dismiss the complaint for a multitude of reasons.
I. Background
A. Factual Background
The facts are set forth as described in the complaint, supplemented by certain official *539public records.
Thomas and Joann Tierney (collectively, the "Tierneys") are grandparents and legal guardians of minor child T. (Compl. at 1).
T. was then removed from the custody of the Tierneys by DCF for 96 days while he was hospitalized. (Id. at 7). The complaint suggests that Justice Gloria Tan of the Massachusetts Juvenile Court presided over a hearing involving the Tierneys. (Id. at 5). The complaint alleges that Justice Tan "enforced a state scheduling law ['the 72-hour rule']" during this hearing. (Id. ). Attorneys Belle Soloway, Judith Hyatt, and Cynthia Pucillo were appointed to represent Thomas, Joann, and T., respectively, at the hearing. (Id. at 1).
B. Procedural Background
Plaintiffs filed the complaint in this action on September 1, 2017. A letter was filed with the Court on September 12, 2017, requesting that certain minor changes be made to the complaint. The Court construed the letter as a motion to amend the complaint, which was granted on September 14, 2017.
The complaint purports to assert claims against 15 different individuals and entities: (1) the Town of Framingham, (2) Detective Stacey Macaudda, (3) Detective Phillip Hurton, (4) the DCF, (5) DCF social worker Chad Cronin, (6) DCF social worker Debra Connors, (7) John Lapinski, (8) attorney Belle Soloway, (9) attorney Judith Hyatt, (10) attorney Cynthia Pucillo, (11) Justice Gloria Tan, (12), attorney John Daly, (13) attorney Michael Brennan, (14) Middlesex District Attorney Marian Ryan, and (15) Middlesex Assistant District Attorney Kate Cimini.
Eleven defendants have filed motions to dismiss the complaint for a variety of reasons.
II. Analysis
A. Defendants' Motions to Dismiss Under Rules 12(b)(1) and 12(b)(6)
Defendants have moved to dismiss the complaint for lack of subject-matter jurisdiction pursuant to Rule 12(b)(1) and failure to state a claim pursuant to Rule 12(b)(6).
1. Legal Standard on a Motion to Dismiss
On a motion to dismiss, the court "must assume the truth of all well-plead[ed] facts and give ... plaintiff the benefit of all reasonable inferences therefrom." Ruiz v. Bally Total Fitness Holding Corp. ,
A document filed by a pro se party "is to be liberally construed, and a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers." Erickson v. Pardus ,
*541(internal quotation marks omitted); see also Fed. R. Civ. P. 8(e) ("Pleadings must be construed so as to do justice."). However, while pro se complaints "are accorded 'an extra degree of solicitude' ... even a pro se plaintiff is required to 'set forth factual allegations, either direct or inferential, respecting each material element necessary to sustain recovery under some actionable legal theory.' " Wright v. Town of Southbridge ,
2. Section 1983 Claims against Private Attorney Defendants (Daly, Hyatt, Brenn, Ryan, and Soloway)
Section 1983 provides a remedy for the deprivation of "any rights, privileges, or immunities secured by the Constitution and laws [of the United States]" by an individual acting under color of state law.
Because of the state-action requirement, section 1983 rarely creates a right of action against private persons. See Aldrich v. Ruano ,
3. Claims against Defendant Lapinski
As noted, there are no claims in the complaint against defendant Lapinski. Furthermore, because he is also a private party, it is almost certain that there is no valid section 1983 claim against him. The claims against Lapinski, if any, will be dismissed unless plaintiffs show cause to the contrary in writing within 14 days.
4. Claims against Official State Defendants (Tan, Ryan, and Cimini)
Defendants Tan, Ryan, and Cimini contend that sovereign immunity bars any claims for damages against them. Under the Eleventh Amendment, "states are immune ... from private suit in federal courts, absent their consent" for claims seeking money damages. Greenless v. Almond ,
Here, plaintiffs have not even attempted to show that sovereign immunity has been waived. Accordingly, the claims for damages against Justice Tan and the Middlesex District Attorney defendants will be dismissed.
5. Claims against Municipality and Municipal Official Defendants (Framingham, Macaudda, and Hurton)
The Town of Framingham and detectives Macaudda and Hurton also contend that the complaint fails to plead a viable section 1983 claim against them. Local governments can be sued under section 1983 only where the violation of a constitutional or federal right occurs pursuant "a policy statement, ordinance, regulation, or decision officially adopted and promulgated by [the municipality's] officers." Monell v. Dep't of Soc. Servs. ,
Here, the complaint merely alleges that the Town of Framingham is liable because it "is the employer of [detectives Macaudda and Hurton] and, as such, their actions are imputed to it." (Compl. at 4). However, "a municipality cannot be held liable under § 1983 on a respondeat superior theory." Monell ,
Although individual police officers are not entirely immune from suit, the complaint nonetheless fails to state a section 1983 claim against detectives Macaudda and Hurton. The complaint alleges that the detectives presented false testimony *543before the Juvenile Court, Framingham District Court, and Middlesex Superior Court, and that they " 'forgot' to tape record their September 2014 interview with Tom and Joann." (Compl. at 4). Police officers enjoy absolute immunity from claims for damages under section 1983 when testifying in criminal proceedings. See Briscoe v. Lahue ,
6. State-Law Claims
The complaint appears to also allege claims for legal malpractice against the private-attorney defendants. However, such claims arise under state, rather than federal law.
A district court may exercise supplemental jurisdiction under
B. Defendants' Motions to Dismiss Under Rule 8(a)
For the sake of completeness, the Court will also address defendants' motions to dismiss under Rule 8, which requires that a complaint include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). At a minimum, a complaint must "give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Calvi v. Knox County ,
Moreover, under Rule 8, a plaintiff must plead more than a mere allegation that the defendant harmed him. Ashcroft ,
*544(internal citation and quotation marks omitted).
As pleaded, the complaint fails to satisfy the pleading requirements of Rule 8. It is rife with bald assertions and legal conclusions, but almost no specific facts. For example, the complaint claims that the private attorney defendants "lied to [plaintiffs]" and "failed to advocate for their clients," but does not explain how. (Compl. at 5). A generous reading fails to disclose any cognizable claims against defendants. See Bagheri v. Galligan ,
C. Younger Abstention
Plaintiffs' request that this Court interfere in ongoing state criminal proceedings comes within the core of the Younger abstention doctrine. See Younger v. Harris ,
It is indisputable that any pending criminal charges constitute an "ongoing state judicial proceeding" and that they implicate an important state interest, namely the promotion of public safety. In addition, there is nothing in the complaint to suggest that the Middlesex Superior Court is an unsuitable forum for plaintiffs to seek dismissal of the pending charges. Therefore, this case clearly meets the three-part Younger test, and the Court will abstain from interfering with any ongoing state criminal proceeding.
D. Challenge to the Emergency Child Custody Hearing Rule
The complaint also requests that this Court "[d]eclare the Massachusetts '72-hour Rule' unconstitutional." (Compl. at 7). Plaintiffs appear to challenge the constitutionality of
*545However, the complaint does not set forth plaintiffs' theory as to why the 72-hour rule is unconstitutional. The complaint merely states that the rule "violate[s] the equal justice provisions of the 14th Amendment to the U.S. Constitution." (Compl. at 5). Under the circumstances, such a conclusory and skeletal claim, not grounded in any established legal framework, is not sufficient to state a claim upon which relief can be granted. The challenge to the Massachusetts 72-hour rule will accordingly be dismissed.
E. Requests for Costs and Attorney's Fees
In their motions to dismiss, defendants Daly and Hyatt seek sanctions against plaintiffs in the form of reasonable costs and attorney's fees. Fed. R. Civ. P. 11(b) states as follows:
By presenting to the court a pleading, written motion, or other paper-whether by signing, filing, submitting, or later advocating it-an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
It is clear that the complaint falls well short of the standards set forth in Rule 11(b), and thus the Court has the power to "impose an appropriate sanction," at least "after notice and a reasonable opportunity to respond." Fed. R. Civ. P. 11(c)(1).
Nevertheless, Rule 11 also provides a "safe harbor" provision, which provides as follows:
A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.
Fed. R. Civ. P. 11(c)(2) (emphasis added). Defendants Daly and Hyatt have not complied with this provision because they included their requests for sanctions in their motions to dismiss.
This Court has previously excused technical non-compliance with the safe-harbor provision. See Anaqua, Inc. v. Schroeder ,
Defendant Soloway has also requested reasonable attorney's fees, albeit under
The First Circuit has cautioned that "an award of fees in favor of a prevailing plaintiff in a civil rights suit is 'the rule, whereas fee-shifting in favor of a prevailing defendant is the exception.' " Lamboy-Ortiz v. Ortiz-Velez ,
III. Conclusion
For the foregoing reasons, defendants' motions to dismiss are GRANTED, and the motions for sanctions are DENIED. Plaintiffs shall show cause in writing on or before February 27, 2018, why the claims against defendants John Lapinski, Chad Cronin, Debra Connors, and the Massachusetts Department of Children and Families should not be dismissed for the reasons stated in this memorandum.
So Ordered.
It appears that plaintiffs have not completed service of process on any of the named defendants. Fed. R. Civ. P. 4(m) provides plaintiffs 90 days from the date the complaint is filed to complete service of process on domestic defendants. The rule further states that a court "must extend the time for service for an appropriate period" if the "plaintiff shows good cause for the failure." Because the complaint was filed September 1, 2017, plaintiffs would have had until November 30, 2017, to effect service. However, "[p ]ro se status ... is not automatically enough to constitute good cause for purposes of Rule 4(m)." McIsaac v. Ford ,
Under Fed. R. Civ. P. 12(b)(6), a court normally cannot consider evidence outside the complaint and attached exhibits without converting the motion into a motion for summary judgment. However, the First Circuit has recognized "narrow exceptions" to that rule, including "official public records." Watterson v. Page ,
The complaint states that the Tierneys are suing on behalf of themselves and T.
The complaint characterizes the incident as the Tierneys placing T. in a "secure physical hold." (Compl. at 4).
The complaint incorrectly identifies Macaudda's last name as "Macauder."
The complaint states that there are 17 defendants. However, attorney Daly is listed as defendants 12, 13, and 14. In addition, the caption indicates that "John Lapinski" is the "father of J. [T.'s half-bro./Tom & Joann's grandson]." (Compl. at 1). However, the complaint makes no claims against Lapinski, and only states that he, "for reasons unrelated to this case, provided false and harmful information to [the DCF]." (Id. at 5).
The eleven defendants who have filed motions to dismiss are: (1) Daly, (2) Pucillo, (3) Hurton, (4) Macaudda, (5) the Town of Framingham, (6) Brennan, (7) Hyatt, (8) Justice Tan, (9) Soloway, (10) Ryan, and (11) Cimini.
Daly and Hyatt have requested sanctions pursuant to Fed. R. Civ. P. 11. Soloway has requested attorney's fees pursuant to
Six defendants have moved to dismiss the complaint for lack of subject-matter jurisdiction: (1) Daly, (2) Pucillo, (3) Hyatt, (4) Tan, (5) Cimini, and (6) Ryan. All 11 defendants who have filed motions to dismiss contend that the complaint fails to state a claim upon which relief can be granted.
The Supreme Court has set forth three tests for determining whether a private party's actions may be deemed to have occurred under color of state law: (1) the public function test, (2) the state compulsion test, and (3) the "nexus" test. See Lugar v. Edmondson Oil Co. ,
The complaint also fails to state a claim for legal malpractice, as it offers only conclusory allegations that the private attorney defendants were ineffective. See Max-Planck-Gesellschaft ZUR Foerderung Der Wissenschaften E.V. v. Wolf Greenfield & Sacks, PC ,
The Middlesex District Attorney defendants further contend that prosecutorial immunity applies to bar the claims against them in their personal capacity. To the extent that the complaint alleges claims against those defendants in their personal capacity, those claims are barred. See Holloman v. Clarke ,
Similarly, Justice Tan contends that absolute judicial immunity applies to bar the claims against her. To the extent that the complaint alleges claims against Justice Tan in her personal capacity, those claims are barred. See Mireles v. Waco ,
Federal district courts also have jurisdiction over certain actions in which the parties are of diverse citizenship and the amount in controversy exceeds $75,000. See
The complaint does not indicate whether the Tierneys eventually regained custody of T.
Reference
- Full Case Name
- Thomas TIERNEY v. TOWN OF FRAMINGHAM
- Cited By
- 6 cases
- Status
- Published