183 F.Supp.3d 242
D. Mass.2016Background
- Cakir was a post-doctoral fellow at Boston Children’s Hospital who used a hospital-assigned laptop during his employment and left employment in 2015. TechFusion created a forensic image of that laptop after Cakir delivered the machine to them.
- Children’s Hospital sued Cakir (this separate federal action) for conversion and replevin, alleging ownership of all data and an exact forensic copy of the laptop under three hospital policies (Acceptable Use Policy, Participation Agreement, Intellectual Property Policy).
- Cakir counterclaimed for abuse of process, arguing the suit was filed to influence a related, ongoing employment discrimination suit (Cabi) rather than to vindicate legitimate claims.
- The parties agree the hospital policies apply to Cakir, but dispute whether portions of the laptop image contain personal or privileged data outside the policies’ scope.
- Children’s Hospital moved for judgment on the pleadings (Fed. R. Civ. P. 12(c)) on its conversion and replevin claims; it also moved to dismiss Cakir’s abuse of process counterclaim (Rule 12(b)(6)).
- The court denied judgment on the pleadings as to conversion and replevin because factual disputes remain about whether all contested data fall within the hospital policies; the court granted dismissal of the abuse of process counterclaim for failure to plead an ulterior purpose and concrete damages beyond defending a non-frivolous suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Children’s Hospital is entitled to judgment on conversion (ownership/control of laptop data) | Policies grant CHB ownership of all data, deleted files, metadata and the forensic image; Cakir refused to produce it | Laptop image includes personal and privileged materials not covered by policies; CHB cannot convert what it does not own | Denied — factual dispute whether all contested data falls under hospital policies precludes judgment on pleadings |
| Whether Children’s Hospital is entitled to judgment on replevin (right to immediate exclusive possession) | CHB has right to immediate exclusive possession of all laptop data under same policies | Some data are personal/privileged and thus CHB lacks immediate exclusive possession | Denied — same ownership deficiencies fatal at pleading stage |
| Whether filing separate suit (rather than asserting claims in related case) constitutes abuse of process | N/A (CHB brought the suit) | CHB filed this action to gain leverage in related Cabi litigation and could have sought relief there; suit is a collateral purpose | Dismissed — plaintiff failed to plead an ulterior purpose (beyond ordinary litigation tactics) or non-conclusory damages |
| Whether CHB may be deemed owner of metadata/forensic-chain information even if substantive data are personal | CHB argues policies encompass metadata/chain-of-custody information | Cakir contests scope; court notes metadata ownership only if underlying data fall within policies | Court: CHB may own metadata only for data otherwise covered by policies; does not establish ownership of all image data |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (labels-and-conclusions insufficient to plead plausible claim)
- García-Catalán v. United States, 734 F.3d 100 (First Circuit on two-step pleading review)
- Evergreen Marine Corp. v. Six Consignments of Frozen Scallops, 4 F.3d 90 (conversion elements articulated)
- Third Nat. Bank of Hampden Cty. v. Cont’l Ins. Co., 388 Mass. 240 (conversion defined under Massachusetts law)
- Jones v. Brockton Pub. Mkts., Inc., 369 Mass. 387 (elements of abuse of process under Massachusetts law)