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Humphrey v. Comoletti

United States District Court, D. Massachusetts

August 2, 2016

FRED HUMPHREY, et al., Plaintiffs,
v.
JEFFREY COMOLETTI, et al., Defendants.

          Fred Humphrey, Plaintiff, represented by Brian N. Goldberg, McKinnon & Harwood.

          Taneisha Humphrey, Plaintiff, represented by Brian N. Goldberg, McKinnon & Harwood.

          J.B., Plaintiff, represented by Brian N. Goldberg, McKinnon & Harwood.

          Jeffrey Comoletti, Defendant, represented by Jeffrey H. Katzenstein, Halaby Law Group, PC.

          William Falandys, Defendant, represented by Gary P. Howayeck.

          John Cabral, Defendant, represented by Andrew J. Gambaccini, Reardon, Joyce & Akerson, P.C. & Gary P. Howayeck.

          City of Fall River, Massachusetts, Defendant, represented by Gary P. Howayeck.

          ORDER ON PLAINTIFF'S MOTION TO AMEND

          ALLISON D. BURROUGHS, District Judge.

         In this 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.

         I. FACTS ALLEGED IN THE COMPLAINT

         Plaintiff filed his Complaint in this case on December 18, 2015. [ECF No. 1] ("Compl."). The Complaint alleges as follows:

         Plaintiff 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.

         On 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.[1] 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.

         On 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 Department ...


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