United States District Court, D. Massachusetts
Argued: November 25, 2014.
Aristides Cardoso, Plaintiff, Pro se, Brockton, MA.
For City of Brockton, Linda M. Balzotti, City of Brockton, Emanuel Gomes, BPD Chief of Police, Robert E. Grayson, Brockton Police Officer, Christopher LaFrance, Lieutenant, Defendants: Stephen C. Pfaff, Louison, Costello, Condon & Pfaff, LLP, Boston, MA.
MEMORANDUM AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT
Richard G. Stearns, UNITED STATES DISTRICT JUDGE.
Aristides Cardoso, proceeding pro se, filed this blunderbuss 82-page, 16-count Amended Complaint against the City of Brockton, its Mayor, its Chief of Police, and a patrol officer claiming that a municipal custom of " engag[ing] in a pattern or practice of subjecting Cape Verdeans and African Americans to excessive force, false charges or arrest, and improper searches and seizures" caused his false arrest by defendant Robert Grayson incident to a traffic stop on March 1, 2010. Compl. ¶ 1; Pl. Mem. at 1-2. More specifically, Cardoso (who is of Cape Verdean descent) alleges that Grayson arrested him in retaliation for his filing a similar complaint against another Brockton police officer. As
against Grayson in his personal capacity, the Amended Complaint alleges: violations of the First, Fourth, Fifth, Eighth, and Fourteenth Amendments, 42 U.S.C. § 1983 (Count II); violations of the State Civil Rights Act, Mass. Gen. Laws ch. 12, § § 11H and 11I, by way of threats, intimidation and coercion violative of the First, Fourth, Fifth, Eighth, and Fourteenth Amendments (Count VI); conspiring to violate the State Civil Rights Act (Count VII); negligent infliction of emotional distress (Count VIII); intentional infliction of emotional distress (Count IX ); malicious prosecution (Count XII); abuse of process (Count XIII); retaliation (Count XIV); defamation, slander, libel, and injurious falsehood (Count XV); negligence (Count XVI).
Discovery deadlines have expired and Grayson and Cardoso now cross move for summary judgment on all counts of the Amended Complaint.
The facts, as best the court can discern them, are as follows. On March 1, 2010, while driving in Brockton, Cardoso was observed by Officer Grayson to fail to heed a stop sign at the corner of Spring and Ash streets. Grayson also noted a broken brake light on Cardoso's vehicle. Grayson signaled for Cardoso to stop intending to issue him a citation for the failure to stop and to inform him of the malfunctioning brake light. According to Grayson, as he was writing the citation, Cardoso became belligerent, accusing him of being a racist with an animus towards Cape Verdeans.
Grayson states that Cardoso's increasingly obstreperous behavior was attracting the attention of passing motorists, thus impeding the flow of traffic. Grayson ultimately arrested Cardoso for disorderly conduct. Lieutenant LaFrance was the " Approving Officer" who read Cardoso his ...