Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cardoso v. City of Brockton

United States District Court, D. Massachusetts

November 26, 2014

ARISTIDES CARDOSO,
v.
CITY OF BROCKTON, LINDA M. BALZOTTI, CHIEF OF POLICE EMANUEL GOMES, OFFICER ROBERT GRAYSON, AND POLICE LIEUTENANT CHRISTOPHER LA FRANCE

Argued: November 25, 2014.

Page 180

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.

Page 181

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.[1] 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.[2] As

Page 182

against Grayson in his personal capacity,[3] 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).[4]

Discovery deadlines have expired and Grayson and Cardoso now cross move for summary judgment on all counts of the Amended Complaint.

BACKGROUND

The facts, as best the court can discern them, are as follows.[5] 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.[6] 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.

Page 183

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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.