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Lu v. Niles

United States District Court, D. Massachusetts

July 17, 2017

FRIEDRICH LU, Plaintiff,
v.
IESHA NILES, Defendant.

          MEMORANDUM AND ORDER ON PLAINTIFF'S MOTIONS TO AMEND THE COMPLAINT AND DEFENDANT'S MOTIONS FOR JUDGMENT ON THE PLEADINGS AND FOR INJUNCTIVE RELIEF

          F. Dennis Saylor IV United States District Judge

         This is a civil rights action. Plaintiff Friedrich Lu brought this action against defendant Iesha Niles, an employee at a homeless shelter where Lu was staying. The complaint alleges a claim under 42 U.S.C. § 1983 for violations of Lu's rights under the Fourth and Fourteenth Amendments.

         Pending before the Court are four motions: Niles has moved both for judgment on the pleadings and for injunctive relief enjoining Lu from commencing other lawsuits against the Boston Public Health Commission and its employees, as well as other state and local government agencies and their employees, unless specifically authorized in advance. Lu has filed two motions to amend the complaint.

         For the following reasons, the motion for judgment on the pleadings will be granted. All other motions will be denied.

         I. Background

         A. Factual Background

         Unless otherwise noted, the facts are set forth as alleged in the complaint.

         Plaintiff Friedrich Lu is homeless. On November 1, 2016, he was staying at a city-run homeless shelter located at 112 Southampton Street in Boston, Massachusetts. Defendant Iesha Niles is a “fill-in staffer” at the shelter and was on duty during Lu's November 1 stay. (Answer at 2). She is employed by the Boston Public Health Commission (“BPHC”). (Id. at 1).

         While at the shelter, Lu asked a third party, named in the complaint as “D, ” to hold some of his belongings. Another person, “Z, ” stole Lu's property while it was in D's custody. Apparently after Lu demanded its return, Niles, D, and another person “asserted” that the property belonged to Z. At some point, Z returned the property, but allegedly kept a ten-dollar bill that belonged to Lu.

         Niles asked Lu to leave the shelter. He appealed that request to the evening supervisor on duty at the shelter, but that person also required Lu to leave.

         The following day, on November 2, 2016, Lu filed the complaint in this action. He is proceeding pro se.

         B. Procedural Background

         Lu is an experienced litigant. A non-exhaustive search of filings in the United States District Court for the District of Massachusetts reveals that Lu has brought no fewer than twenty cases against various public and private parties over a period of more than twenty years.[1] Relevant to this action, on July 25, 2000, Lu filed a complaint against the Harvard School of Dental Medicine and others alleging claims under the False Claims Act, 31 U.S.C. §§ 3729- 3733. None of the allegations or claims pleaded in that action are repeated here. On March 29, 2002, the court issued a memorandum and order dismissing the case with prejudice and issuing an injunction prohibiting Lu from filing future claims that arise from or relate to the claims made in that case, and further requiring Lu to “attach to any pleading, motion, complaint, or other document that he files in the United States District Court for the District of Massachusetts: (1) a copy of this Order, and (2) a certification, signed under the pains and penalties of perjury, that he has complied in good faith with this Order” (“March 2002 Order”). Lu v. Harvard University et al., Memorandum and Order, 00-cv-11492-MLW (Mar. 29, 2002) (Wolf, J.).

         In violation of that order, Lu did not file a certification or a copy of the March 2002 Order when he filed this action on November 2, 2016.

         On May 26, 2017, Niles filed a motion for judgment on the pleadings and a motion for injunctive relief, seeking a permanent injunction enjoining Lu from commencing other lawsuits against the BPHC and its employees, as well as other state and local government agencies and their employees, unless specifically authorized by this Court in advance.

         Lu has not filed any response to those motions. Instead, he has filed two motions to amend the complaint.

         II. Defendant's Motion for Judgment ...


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