Summary
holding that allegation that medical examiner fabricated false evidence, leading to plaintiff's arrest and detention without probable cause, sufficient to state claim for IIED
Summary of this case from Echavarria v. RoachOpinion
CIVIL ACTION NO. 00-10376-GAO
August 5, 2003
ORDER
On May 15, 2003, Magistrate Judge Cohen filed a Report and Recommendation as to the disposition of certain pending motions to dismiss. Having reviewed the Report as well as the objections to it thereafter received from the plaintiff and the defendant Kathleen M. Crowley, I adopt the Report and its Recommendations with one exception: I conclude that the claim against defendant Crowley for violation of the Massachusetts Civil Rights Act also ought to be dismissed because the plaintiff has not adequately pleaded facts that, if believed, would prove that any interference by Crowley with the plaintiff's rights was accomplished by means of "threats, intimidation or coercion" as required by the state statute, Mass. Gen. Laws ch. 12, § 11H.
Accordingly, Crowley's motion to dismiss (Dkt. no. 138) is GRANTED IN PART and DENIED IN PART. The following claims are dismissed: Counts 3, 4, 7, 10 (to the extent based upon the execution of the warrant or upon conversion), 11, and 14.
The motions of the defendants Kessler (Dkt. no. 141) and Evans (Dkt. no. 157) to dismiss Count 13 are GRANTED.
It is SO ORDERED.