United States District Court, D. Massachusetts
OPINION AND ORDER
A. O'TOOLE, JR. UNITED STATES DISTRICT JUDGE.
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).
I ADOPT the Report and Recommendation. The defendants'
Motion for Judgment on the Pleadings is DENIED.
STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
CITY OF BROCKTON, et al., Defendants.
Action No. 16-11865-GAO
AND RECOMMENDATION ON DEFENDANTS' MOTION FOR JUDGMENT ON
THE PLEADINGS [Docket No. 37]
JENNIFER C. BOAL, UNITED STATES MAGISTRATE JUDGE.
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. For the following reasons, the
Court recommends that the District Judge assigned to this
case deny the motion.
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 ¶ 1. During his
employment with the Brockton Police ...