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Baez v. City of Brockton Police Department

United States District Court, D. Massachusetts

January 8, 2018

FRANCISCO BAEZ, Plaintiff,
v.
CITY OF BROCKTON POLICE DEPARTMENT, GEORGE KHOURY, EMMANUEL GOMES, and WAYNE SARGO, Defendants.

          OPINION AND ORDER

          GEORGE A. O'TOOLE, JR. UNITED STATES DISTRICT JUDGE.

         The magistrate judge to whom the defendants' Motion for Judgment on the Pleadings (dkt. no. 37) was referred has filed a Report and Recommendation (“R&R”) recommending that the motion be denied. The defendants timely filed an objection to the R&R, the plaintiff filed an opposition to the objection, and the defendants filed a response to that opposition. After review of all the relevant filings, including the Amended Complaint, I agree with the magistrate judge's recommendation that the Motion for Judgment on the Pleadings be denied. As the magistrate judge pointed out in her R&R, review of a motion for judgment on the pleadings is substantially similar to review of a motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6), except that all relevant pleadings may be considered. Taking as true the well-pleaded allegations of the complaint and drawing all reasonable inferences in the plaintiff's favor, the amended complaint has adequately alleged a plausible tangible injury of sufficient consequence to warrant denial of the defendants' motion. See Bhatti v. Trs. of Bos. Univ., 659 F.3d 64, 73 (1st Cir. 2011); Billings v. Town of Grafton, 515 F.3d 39, 54-55 (1st Cir. 2008).

         Accordingly, I ADOPT the Report and Recommendation. The defendants' Motion for Judgment on the Pleadings is DENIED.

         UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

         FRANCISCO BAEZ, Plaintiff,

         v.

         THE CITY OF BROCKTON, et al., Defendants.

         Civil Action No. 16-11865-GAO

         REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS [Docket No. 37]

         November 1, 2017

          JENNIFER C. BOAL, UNITED STATES MAGISTRATE JUDGE.

         In this action, plaintiff Francisco Baez alleges that the Defendants discriminated against him on account of his race, national origin, and ethnicity in violation of 42 U.S.C. § 1983 and M.G.L. c. 151B. Defendants have moved for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Docket No. 37.[1] For the following reasons, the Court recommends that the District Judge assigned to this case deny the motion.

         I. FACTS[2]

         Baez is a Black, Hispanic male whose parents were born in the Dominican Republic. First Amended Complaint (“AC”) ¶¶ 1, 6. At all relevant times, he was employed as a police officer for the City of Brockton Police Department. Id. at ΒΆ 1. During his employment with the Brockton Police ...


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