969 F. Supp. 2d 89
D. Mass.2013Background
- Plaintiffs Correia and Runnals, resident property managers at EZ Storage in Framingham, report a 2010 incident with Framingham officers Brown and Pini entering the facility.
- Correia allegedly confronted Brown as he exited the facility; dispute over whether Brown flashed blue lights, brandished a gun, and warned Correia to move or be shot.
- Blue interviewed the plaintiffs and viewed surveillance footage but did not file a report or escalate the matter internally.
- Avila later visited the facility; plaintiffs claim intimidation, while Avila contends he stopped there by mistake.
- May 2010 interactions included police involvement and promises by Framingham’s Chief to limit unsupervised visits; Stratton later entered the facility in an unmarked Boston PD vehicle.
- The operative complaint originally included twelve counts; the Court denied amending to add new defendants and later motions for summary judgment were filed by the parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantive due process shock-the-conscience standard | Correia/Runnals: Brown’s conduct was egregious and shocked conscience | Brown/Blue/Avila: conduct not highly egregious; not shock-the-conscience level | Count I granted for defendants (no shock-to-conscience finding) |
| Conspiracy to cover up civil rights violation (Counts IX, X) | Plaintiffs claim agreement to cover up and intimidate | No evidence of actionable agreement to deprive rights | Counts IX, X dismissed |
| Civil rights claims under MA C.R.A. (Counts II, X, XII) | State-law claims coextensive with §1983 allegations | Coextensive with federal grounds; no independent state claim | Counts II, X, XII dismissed |
| Municipal liability for negligent supervision (Count IV) | Town failed to supervise/ train officers to prevent IIED | Town not liable for supervisors’ acts by other agencies; no identified tort | Count IV denied (negligent supervision claim survives) |
Key Cases Cited
- Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011) (qualified immunity for police)
- Cruz-Erazo v. Rivera-Montanez, 212 F.3d 617 (1st Cir. 2000) (non-physical harassment standards for due process)
- Landrigan v. City of Warwick, 628 F.2d 736 (1st Cir. 1980) (failure to file report not alone actionable under §1983)
- Cummings v. McIntire, 271 F.3d 341 (1st Cir. 2001) (extreme/arbitrary conduct required for substantive due process)
- Kennedy v. Town of Billerica, 617 F.3d 520 (1st Cir. 2010) (supervisory negligence limits against municipalities)