United States District Court, D. Massachusetts
Humphrey, Plaintiff, represented by Brian N. Goldberg,
McKinnon & Harwood.
Taneisha Humphrey, Plaintiff, represented by Brian N.
Goldberg, McKinnon & Harwood.
Plaintiff, represented by Brian N. Goldberg, McKinnon &
Jeffrey Comoletti, Defendant, represented by Jeffrey H.
Katzenstein, Halaby Law Group, PC.
William Falandys, Defendant, represented by Gary P. Howayeck.
Cabral, Defendant, represented by Andrew J. Gambaccini,
Reardon, Joyce & Akerson, P.C. & Gary P. Howayeck.
of Fall River, Massachusetts, Defendant, represented by Gary
ORDER ON PLAINTIFF'S MOTION TO AMEND
ALLISON D. BURROUGHS, District Judge.
civil rights action, Plaintiff Fred Humphrey
("Plaintiff") alleges that he was assaulted and
injured by members of the Fall River Police Department during
the execution of a search warrant in a private home on
December 21, 2012. Before the Court is Plaintiff's Motion
to Amend the Complaint. [ECF No. 31]. For the reasons set
forth in this Order, Plaintiff's Motion is ALLOWED IN
PART and DENIED IN PART, and Plaintiff is directed to file an
Amended Complaint no later than August 16, 2016.
FACTS ALLEGED IN THE COMPLAINT
filed his Complaint in this case on December 18, 2015. [ECF
No. 1] ("Compl."). The Complaint alleges as
is a resident of Newport, Rhode Island. At the time of the
incident, he resided with his two minor daughters, Plaintiffs
Taneisha Humphrey (who has now reached the age of majority)
and J.B., who is still a minor.
December 20, 2012, Plaintiff and his business associate,
Christopher Stephens ("Stephens"), sold a go-kart
to Defendant Jeffrey Comoletti ("Comoletti"). In
exchange, Comoletti gave Plaintiff and Stephens an
unspecified amount of cash, plus a tablet device. Soon after,
Plaintiff and Stephens realized the tablet did not
work. They contacted Comoletti, who
allegedly threatened both Plaintiff and Stephens by stating,
among other things, that members of Comoletti's family
were in the Fall River Police Department.
December 21, 2012, Comoletti allegedly filed a complaint
against Stephens with the Weymouth Police Department.
Specifically, Comoletti reported that Stephens was selling
AK-47s and marijuana out of his apartment in Fall River.
Plaintiff alleges that Comoletti knew these statements were
false at the time he made them. On the same day, a Weymouth
police officer passed this information on to Defendant
William Falandys, a Detective in the Fall River Police