Owens v. City of Boston
Owens v. City of Boston
Opinion of the Court
Roy Owens appeals from a judgment of the county court denying his petition for relief under G. L. c. 211, § 3, without a hearing. We affirm.
Owens commenced an action in the Superior Court, alleging abuse by Boston police officers. On the defendants’ motion, the complaint was dismissed
Relief pursuant to G. L. c. 211, § 3, is extraordinary. We will not disturb the single justice’s denial of relief absent an abuse of discretion or other clear error of law. See, e.g., Matthews v. Appeals Court, 444 Mass. 1007, 1008 (2005). Owens “must ‘demonstrate both a substantial claim of violation of [his] substantive rights and error that cannot be remedied under the ordinary review process.’ ” McGuinness v. Commonwealth, 420 Mass. 495, 497 (1995), quoting Planned Parenthood League of Mass., Inc. v. Operation Rescue, 406 Mass. 701, 706 (1990). Owens has demonstrated neither. With respect to his claims against the city, Owens obtained review from the Appeals Court, but did not seek further appellate review of the Appeals Court’s decision dismissing these claims. He is not entitled to do so at this time through the vehicle of a petition under G. L. c. 211, § 3. Turning to Owens’s claims against the individual police officers, Owens has a right to appeal to the Appeals Court from the Superior Court judgment in favor of these defendants, and in fact he has already filed his notice of appeal. In that appeal he will also be entitled to raise his claim that default judgments should have been entered against the officers.
Judgment affirmed.
It appears from court records that Owens eventually complied with the Superior Court judge’s order. Further proceedings have taken place in the Superior Court, culminating in the entry of a final judgment for the defendants. We have been informed by the parties that Owens has filed a notice of appeal from this judgment.
Reference
- Full Case Name
- Roy Owens v. City of Boston & others
- Status
- Published