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November 13, 1995 [NOT FOR PUBLICATION]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
____________________
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.
____________________
____________________
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
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