Chesnis v. Law

21 Mass. L. Rptr. 109
CourtMassachusetts Superior Court
DecidedMay 19, 2006
DocketNo. 200500002
StatusPublished

This text of 21 Mass. L. Rptr. 109 (Chesnis v. Law) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chesnis v. Law, 21 Mass. L. Rptr. 109 (Mass. Ct. App. 2006).

Opinion

Locke, Jeffrey A., J.

INTRODUCTION

This is a civil action that arises out of the alleged sexual abuse of the plaintiffs son by Defendant Reverend John Szantyr (Szantyr), a priest with the Roman Catholic Worcester Diocese (Worcester Diocese) at the time of the alleged abuse. Plaintiff Richard J. Chesnis (Chesnis), acting pro se, brought suit against Cardinal Bernard Law (Law), Bishop Bernard Flanagan, Bishop Daniel Reilly, Bishop Timothy Harrington, Szantyr, St. Mary’s School, Our Lady of Czestochowa, and Worcester District Attorney John Conte alleging injuries due to the defendants’ failure to take steps which would have resulted in the removal and prosecution of Szantyr and other Roman Catholic priests. Specifically, Chesnis alleges he was injured by Law’s inaction in the Roman Catholic clergy sex abuse scandal in Massachusetts. This matter is before the court on Law’s motion to dismiss all claims against him pursuant to Mass.R.Civ.P. 12(b)(6). After hearing, this court concludes for the following reasons that Chesnis’ compliant in its entirety must be dismissed.

BACKGROUND

Following is a summary of the facts alleged in the pleadings as amplified during the hearing on Law’s Motion to Dismiss.

Szantyr allegedly sexually abused Michael Chesnis, Chesnis’ son, and other individuals when they were minors.2 The defendants’ lack of prosecution and protection of the plaintiffs child and family resulted in “years of going back and forth between the states of Massachusetts and Connecticut.” The defendants failed in their duties by allowing this inaction to continue, despite Chesnis’ reporting the crimes to the Worcester Police Department’s sexual abuse unit. The defendants have, in collusion, stopped the laws from working by failing to pursue, arrest, protect, and report the crimes committed against the victims. As a result of this inaction, the defendants have tortured the plaintiffs family for over fifteen years. The court should find the families of individuals who committed suicide due to the accused priests under the authority of Law. The court should also grant a lien on all Worcester Diocese property on behalf of Chesnis’ family and the families of all victims of the Worcester Diocese.

DISCUSSION

When evaluating the sufficiency of a complaint pursuant to Mass.R.Civ.P. 12(b)(6), the court must accept as true the complaint’s well-pleaded factual allegations and any reasonable inferences in favor of the plaintiff. Blank v. Chelmsford Ob/Gyn, P.C., 420 Mass. 404, 407 (1995). A court may properly dismiss a complaint when it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Nader v. Citron, 372 Mass. 96, 98 (1977). The plaintiffs burden is “relatively light” and errors of law based on the alleged facts will not warrant a dismissal in accord with Rule 12(b)(6). Warner-Lamber Co. v. Execuquest Corp., 427 Mass. 46, 47 (1998). As a result, the court should construe the complaint so as to do substantial justice. Ourfalian v. Aro Mfg. Co., 31 Mass.App.Ct. 294, 296 (1991).

A. Form of the Pleadings

Massachusetts courts recognize “notice pleading.” Ciccone v. Smith, 3 Mass.App.Ct. 733, 734 (1975). According to Rule 8 of the Rules of Civil Procedure, a complaint is sufficient if it gives fair notice of the plaintiffs claims and contains a short plain statement of the claims showing the plaintiff is entitled to relief. [110]*110Id.; Reporter’s Notes of Mass.R.Civ.P. 8. Some claims, such as allegations of fraud, must be stated with particularity. Mass.R.Civ.P. 9(b). The court may afford a pro se complainant some leniency when reviewing whether the complaint meets requirements of the Rules of Civil Procedure. Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985). However, the Rules of Civil Procedure bind a pro se litigant as they bind other litigants. Id.

In the present case, Chesnis’ complaint does not set forth basic facts regarding the actual acts of which he complains. The complaint fails to describe the nature of the tortious conduct, when such conduct occurred, how it occurred, and by whom. Specifically, the complaint does not provide information about the ages and names of the plaintiff or the alleged other victims, the alleged abuse suffered by Chesnis and his family members, the dates of Law’s alleged actions, or the time Chesnis realized he was harmed as a result of Law’s actions. Thus, the complaint fails to state any general or particular averments of Law’s alleged negligent, intentional, or fraudulent conduct. In short, the complaint cannot be fairly read as giving Law adequate notice of Chesnis’ claims.

In some instances, the court may grant leave to a plaintiff to file a more definite statement or amend the pleadings to assert discrete causes of actions. Mass.R.Civ.P. 4(g) and 15(a). However, as discussed below, this course is inappropriate in this action based on other fundamental defects in Chesnis’ case.

B. Standing

Standing involves the question of “whether the litigant is entitled to have the court decide the merits of the dispute.” Warth v. Seldin, 422 U.S. 490, 498 (1975). In order to have standing, the plaintiff must allege “a personal stake in the outcome of the controversy.” Id. It is an established principle in Massachusetts that only persons who have themselves suffered legal harm can compel the courts to assume the difficult and delicate duty of adjudicating disputes or particular issues. Doe v. The Governor, 381 Mass. 702, 704 (1980), quoting Kaplan v. Bowker, 333 Mass. 455, 459 (1956). Therefore, a plaintiff may only assert his own rights, not the rights of third parties. Warth, 422 U.S. at 499. Consequently, “[n]ot every person whose interests might conceivably be adversely affected is entitled to [judicial] review.” Group Ins. Comm’n v. Labor Relations Comm’n, 381 Mass. 199, 204 (1980). This is because standing focuses on the characteristics of the party bringing suit, rather than on the issues raised in the complaint. Mashpee Tribe v. Watt, 542 F.Sup. 797, 800 (D.Mass. 1982).

Chesnis seeks to assert causes of action arising out of alleged injuries to third parties, namely his son and the other unnamed victims. At no point has Chesnis alleged sufficient facts to show that he himself has suffered a direct and certain injury from any of the defendants’ conduct. In particular, Chesnis does not allege that any of the defendants sexually abused him or violated his personal rights. For these reasons, Chesnis does not have a direct and personal interest in the controversy to confer standing. While Chesnis may be affected by the alleged acts of the defendants, the complaint does not allege any rights or interests of Chesnis which the defendants have or threaten to violate.

Chesnis asserts that he brought suit on behalf of his son and the other unnamed victims because they cannot bring suit on their own behalf due to emotional reasons related to the alleged sexual abuse. However, this allegation is insufficient to confer Chesnis standing because he cannot properly assert representative standing. “Representative standing is generally limited to cases in which it is difficult or impossible for the actual right holders to assert their claims.” Slama v. Attorney Gen., 384 Mass.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Warth v. Seldin
422 U.S. 490 (Supreme Court, 1975)
Kaplan v. Bowker
131 N.E.2d 372 (Massachusetts Supreme Judicial Court, 1956)
Jackson v. Longcope
476 N.E.2d 617 (Massachusetts Supreme Judicial Court, 1985)
Mmoe v. Commonwealth
473 N.E.2d 169 (Massachusetts Supreme Judicial Court, 1985)
Doe v. the Governor
412 N.E.2d 325 (Massachusetts Supreme Judicial Court, 1980)
Ourfalian v. Aro Manufacturing Co.
577 N.E.2d 6 (Massachusetts Appeals Court, 1991)
Slama v. Attorney General
428 N.E.2d 134 (Massachusetts Supreme Judicial Court, 1981)
Nader v. Citron
360 N.E.2d 870 (Massachusetts Supreme Judicial Court, 1977)
Group Insurance Commission v. Labor Relations Commission
408 N.E.2d 851 (Massachusetts Supreme Judicial Court, 1980)
Blank v. Chelmsford Ob/Gyn, P.C.
649 N.E.2d 1102 (Massachusetts Supreme Judicial Court, 1995)
Mohr v. Commonwealth
421 Mass. 147 (Massachusetts Supreme Judicial Court, 1995)
Warner-Lambert Co. v. Execuquest Corp.
691 N.E.2d 545 (Massachusetts Supreme Judicial Court, 1998)
Taygeta Corp. v. Varian Associates, Inc.
763 N.E.2d 1053 (Massachusetts Supreme Judicial Court, 2002)
Doe v. Creighton
786 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 2003)
Ciccone v. Smith
325 N.E.2d 292 (Massachusetts Appeals Court, 1975)
Commonwealth v. Grinkley
688 N.E.2d 458 (Massachusetts Appeals Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
21 Mass. L. Rptr. 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chesnis-v-law-masssuperct-2006.