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Cayo v. Fitzpatrick

United States District Court, D. Massachusetts

March 24, 2015

JOSHUA CAYO, Plaintiff,
v.
DARRIN J. FITZPATRICK, JAMES KELLY, DAVID MARTIN, FRANKLYN Z. McNEIL, RICHARD WARD, DAVID ARROYO, MISRAEL J. RODRIGUEZ, DEAN FAY, JUAN OCASIO, ANTHONY TYLER, WILLIAM J. FITCHET, and THE CITY OF SPRINGFIELD, Defendants

For Joshua Cayo, Plaintiff: Lisa S. Lippiello, LEAD ATTORNEY, Burrows, Weiss, Mintz & Lippiello LLP, Northampton, MA; David G. Mintz, Burrows, Weiss Mintz & Lippiello, Northampton, MA.

For Darrin J Fitzpatrick, Individually and in his Offical Capacity as a Police Officer for the City of Springfield Police Department, David Martin, Indivually and in his Official Capacity as a Police Officer for the City of Springfield Police Department, Defendants: Austin M. Joyce, Reardon, Joyce & Akerson, P.C., Worcester, MA; John K. Vigliotti, Reardon, Joyce & Akerson PC, Worcester, MA.

For James Kelly, Individually and in his Official Capacity as a Police Officer for the City of Springfield Police Department, Franklyn Z McNeil, Indivually and in his Official Capacity as a Police Officer for the City of Springfield Police Department, Robert Ward, Individually and in his Official Capaticy as a Police Officer for the City of Springfield Police Department, David Arroyo, Individually and in his Official Capacity as a Police Officer for the Springfield Police Department, Misrael J Rodriguez, Individually and in his Official Capacity as a Police Officer for the City of Springfield Police Department, Anthony Tyler, Individually and in his Official Capacity as a Police Officer for the Springfield Police Department, Dean Fay, Individually and in his Official Capacity as a Police Officer for the Springfield Police Department, Juan Ocasio, Individually and in his Official Capacity as a Police Officer for the Springfield Police Department, Defendants: Kevin B. Coyle, LEAD ATTORNEY, Springfield, MA.

For William J Fitchet, In his Official Capacity as the Commissioner of the Springfield Police Department, City of Springfield, A Municipal Corporation, Defendants: Anthony I. Wilson, John T. Liebel, City of Springfield, Springfield, MA.

Page 9

ORDER AND MEMORANDUM OF DECISION

TIMOTHY S. HILLMAN, UNITED STATES DISTRICT JUDGE.

Background

Joshua Cayo (" Cayo" ) has filed a federal civil rights claim under 42 U.S.C. § 1983 against: Springfield Policer Officers Darrin J. Fitzpatrick, James Kelly, David Martin, Franklyn Z. McNeil, Richard Ward, David Arroyo, Misrael J. Rodriguez, Dean Fay (" Officer Fay" ), Juan Ocasio (" Officer Ocasio" ), and Anthony Tyler (" Officer Tyler" )(collectively, " Individual Officers" ); William J. Fitchet, in his capacity as the Commission of the Springfield Police Department (" Commissioner Fitchet" ); and The City of Springfield (" City" ). Cayo has alleged claims against the Individual Officers for unlawful arrest, excessive force, malicious prosecution, conspiracy to violate his civil rights, and denial of medical attention, in violation of the First, Fourth, Fifth and/or Eighth Amendments of the United States Constitution. Cayo has alleged a municipal claim against the City and a claim against Commissioner Fitchet on the grounds that the violation of his rights was as the result of an unconstitutional City custom or policy and/or failure to adquately train, supervise, control investigate, or discipline the individual officers. Cayo has also alleged state law tort claims for assault and battery, abuse of process, reckless and/or intential infliction of emotional distress, and negligence under the Massachusetts Tort Claims Act, Mass.Gen.L. ch. 258. Cayo is suing the police officers in their individual and official capacities.

This Order addresses the Motion Of The Defendants Dean Fay, Juan Ocasio and Anthony Tyler To Dismiss The Claims Agsainst Them In The Plaintiff's Amended Complaint (Docket No. 40) and Defendants', City of Springfield and Police Commissioner William Fitchet, Motion For Summary Judgment As To Count IX Of The Plaintiff's Complaint (Docket No. 46). For the reasons set forth below, the motions are denied.

Discussion

The Motion To Dismiss

Standard of Review

Officers Fay, Ocasio and Tyler seek to dismiss the claims ...


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