Tarabolski v. Sharon, Town of

U.S. Court of Appeals for the First Circuit

Tarabolski v. Sharon, Town of

Opinion

USCA1 Opinion




November 13, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT






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No. 95-1382

ALEX A. TARABOLSKI,

Plaintiff, Appellant,

v.

THE TOWN OF SHARON, ET AL.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Rya W. Zobel, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Boudin,
Circuit Judges. ______________

____________________

Alex A. Tarabolski on brief pro se. __________________
Steven R. Kruczynski and Pamela Storm on brief for appellees, _____________________ _____________
Town of Sharon, Roni Thaler, Henry D. Katz, Norman Katz, Timothy
Earley, David Martin and James Polito.
Susan E. Bernstein and Morrison, Mahoney & Miller on brief for ___________________ ___________________________
appellees, Donald Williams, Frederick J. Jones, Jr., Bernard Coffey
and Joseph Bernstein.


____________________


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Per Curiam. Alex A. Tarabolski filed pro se a ___________ ___ __

complaint alleging that on January 18, 1991, Sharon police

officer Donald Williams broke into his home and forced him to

enter a hospital for psychiatric examination in violation of

his federal civil rights and state law. In addition to

Williams, Tarabolski sued various other past and present

members of the Sharon Police Department, various members of

the Sharon Fire Department, the selectmen of the Town of

Sharon, and the Town of Sharon. The district court dismissed

with prejudice the claims against the selectmen, the Town,

and the fire department officials after Tarabolski flatly

refused to comply with the court's order to file a more

definite statement. See Fed. R. Civ. P. 12(e). Summary ___

judgment was entered in favor of the police department

defendants on the remaining federal and state law claims. See ___

Fed. R. Civ. P. 56(c). This appeal followed.

Having reviewed the complaint, we are persuaded that the

district court did not abuse its discretion in ordering

Tarabolski to file a more definite statement. The

allegations against the selectmen, the Town, and the fire

department officials were vague and conclusory. Given

Tarabolski's unwillingness to elucidate, and the apparent

lack of merit to his claims, we think the district court

acted within its discretion in dismissing the claims against

these defendants. Cf. Kuehl v. FDIC, 8 F.3d 905, 908-09 (1st ___ _____ ____



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Cir. 1993) (affirming dismissal with prejudice based on

plaintiff's failure to comply with Fed. R. Civ. P. 8(a)),

cert. denied, 114 S. Ct. 1545 (1994). ____________

We review de novo the grant of summary judgment in favor __ ____

of the police department defendants and affirm the judgment

essentially for the reasons stated by the district court. We

add that the same facts which justified Williams in

concluding that Tarabolski required protective custody would

also justify a reasonable officer in believing that an

emergency warrantless entry was appropriate. See Mincey v. ___ ______

Arizona, 437 U.S. 385, 392-93 (1978) (discussing emergency _______

exception to warrant requirement); Sheik-Abdi v. McClellan, __________ _________

37 F.3d 1240, 1244 (7th Cir. 1994) (same), cert. denied, 115 ____________

S. Ct. 937 (1995). Under the circumstances, the district

court did not err in ruling that Williams is entitled to

qualified immunity. See Hegarty v. Somerset County, 53 F.3d ___ _______ _______________

1367, 1372-79 (1st Cir. 1995) (qualified immunity affords law

enforcement officials a safe haven where the challenged

conduct is objectively reasonable).

We have carefully considered Tarabolski's objections to

various interim rulings of the district court and reject them

as without merit. We note, in particular, that there is no

absolute constitutional right to a free lawyer in a civil

case, see DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. ___ __________ _____

1991), and we find no abuse of discretion in the district



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court's denial of Tarabolski's requests for court-appointed

counsel. Finally, we add that to the extent that Tarabolski

seeks relief from judgment under Rule 60(b) based on

allegations of fraud, such a request is appropriately

addressed to the district court.

Affirmed. No costs. _________









































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Reference

Status
Published