Priestly v. Doucette

2 Mass. L. Rptr. 253
CourtMassachusetts Superior Court
DecidedMay 31, 1994
DocketNo. 93-1107
StatusPublished

This text of 2 Mass. L. Rptr. 253 (Priestly v. Doucette) 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
Priestly v. Doucette, 2 Mass. L. Rptr. 253 (Mass. Ct. App. 1994).

Opinion

Fremont-Smith, J.

The plaintiff, Chandra Priestly, brought this action alleging that an officer of the Massachusetts State Police, Trooper James S. Douc-ette, violated her Fourth Amendment constitutional right to be free from unreasonable searches and seizures when he stopped her motorcycle on the Massachusetts Turnpike. Priestly further alleges that the Massachusetts State Police have established or condoned the systematic illegal stopping of vehicles. Defendants Frank P. Baron, a Captain in the Massachusetts State Police, and Charles F. Henderson, a Colonel in the State Police, were Doucette’s superiors and reviewed defendant Sergeant John R. Cunningham’s investigation of the matter. In a previous decision, Priestly v. Doucette, 1 Mass. L. Rptr. No. 20, 415 (February 7, 1994), the court (Butler, J.) granted, in part, Baran and Henderson’s motion to dismiss. Baran and Henderson now move for summary judgment on the remaining counts pursuant to Mass.R.Civ.P. 56. For the following reasons, the motion is allowed.

BACKGROUND

The undisputed material facts are as follows. In the early evening of June 17, 1992, amidst rush hour traffic, Priestly was driving her motorcycle westbound on the Massachusetts Turnpike in the far left lane. Trooper Doucette pulled behind Priestly and told her, through a loudspeaker, to move to the right lane. He then followed Priestly as she slowed and pulled into the breakdown lane. Doucette approached Priestly and asked for her driver’s license and motorcycle inspection sticker. Doucette, after viewing the license and sticker, asked Priestly why she rode a motorcycle. After receiving a response, Priestly alleges that Douc-ette twice said something like “Ladies don’t ride motorcycles.” She cannot now recall precisely what was said. (Priestly Deposition, page 36.) Doucette also allegedly stated that his personal agenda for the day was to check motorcycles for inspection stickers. He allegedly refused to provide Priestly with any other explanation as to why she had been pulled over. In his report of the incident, however, Doucette states that he signaled Priestly because she was causing congestion/safety problems by driving below the posted speed limit in the passing lane during rush hour. After speaking to Priestly for a total of five to fifteen minutes, Doucette allowed Priestly to go.

[254]*254After the incident Priestly, pursuant to the appropriate administrative procedures, filed a written grievance with the Massachusetts State Police. State Trooper John Cunningham, the person in charge of investigating the grievance, arranged to meet with Priestly to discuss the incident. At this meeting Cunningham allegedly attempted, unsuccessfully, to intimidate Priestly. In her complaint, Priestly also alleges that Cunningham told her it was standard State Police procedure to randomly stop motorcycles to check inspection stickers. In her deposition testimony, however, Priestly conceded that she could not recall what was said at the meeting. (Priestly Deposition, pages 69-70; 125-26.) Her grievance was subsequently denied in a memorandum written by Cunningham.

Defendant Baran reviewed Cunningham’s memorandum, the plaintiffs written complaint and Doucette’s report. Baran agreed with Cunningham’s conclusions and sent Priestly a letter stating that Cunningham’s investigation had revealed that Douc-ette was in compliance with the established guidelines and procedures of the State Police. Priestly was informed that no disciplinary action would be taken against Doucette. Colonel Henderson, Doucette’s supervisor, received a copy of the Cunningham report.

Baran and Henderson both deny that Massachusetts State Troopers are permitted to randomly stop motorcyclists to check vehicle inspection stickers. They further state that they are unaware of any instance in which a State Trooper has engaged in such behavior.

DISCUSSION

Summary judgment shall be granted where there are no genuine issues as to any material fact in dispute and where the moving party is entitled to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, “and [further], that the moving party is entitled to judgment as a matter of law.” Pederson v. Time, Inc., 404 Mass. 14, 17 (1989). A party moving for summary judgment who does not have the burden of proof at trial may demonstrate the absence of a triable issue either by submitting affirmative evidence that negates an essential element of the opponent’s case or “by demonstrating that proof of that element is unlikely to be forthcoming at trial.” Flesner v. Technical Communications Corp., 410 Mass. 805, 809 (1991); accord, Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). “If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat [the] motion.” Pederson v. Time, Inc., supra at 17. “[T]he opposing party cannot rest on his or her pleadings and mere assertions of disputed facts to defeat the motion for sum-maryjudgment.”LaLonde v. Eissner, 405 Mass. 207, 209 (1989).

A. 42 U.S.C. §1983 (Count I)

Baran and Henderson have moved for summary judgment on Count I asserting that Priestly has failed to allege specific facts which would raise a genuine issue as to whether Baran and Henderson, in their individual capacities, promoted, condoned or approved a polity of randomly stopping vehicles.

42 U.S.C. §1983 provides in pertinent part:

Every person who, under color of any statute, ordinance, regulation, custom, or usage ... subjects or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . .

42 U.S.C. §1983.

To establish personal liability under §1983, Priestly must prove that Baran and Henderson, while acting under color of state law, deprived her of a federal right. 42 U.S.C. §1983; Kentucky v. Graham, 473 U.S. 159, 166 (1985). Because the doctrine of respondeat superior does not apply to §1983 actions, Gaudreault v. Municipality of Salem, Mass., 923 F.2d 203, 209 (1st Cir. 1990), cert. denied, 111 S.Ct. 2266 (1991), Priestly must prove that Baran and Henderson, as supervisors, performed acts or omissions which “affirmatively link” them to the acts of the offending employee. Id. In addition, Baran and Henderson’s conduct must reflect a “reckless or callous indifference to the constitutional rights of others.” Gutierrez-Rodriguez v. Cartagena,

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Related

City of Oklahoma v. Tuttle
471 U.S. 808 (Supreme Court, 1985)
Kentucky v. Graham
473 U.S. 159 (Supreme Court, 1985)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
Batchelder v. Allied Stores Corp.
473 N.E.2d 1128 (Massachusetts Supreme Judicial Court, 1985)
LaLonde v. Eissner
539 N.E.2d 538 (Massachusetts Supreme Judicial Court, 1989)
Kourouvacilis v. General Motors Corp.
575 N.E.2d 734 (Massachusetts Supreme Judicial Court, 1991)
Flesner v. Technical Communications Corp.
575 N.E.2d 1107 (Massachusetts Supreme Judicial Court, 1991)
Cassesso v. Commissioner of Correction
456 N.E.2d 1123 (Massachusetts Supreme Judicial Court, 1983)

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Bluebook (online)
2 Mass. L. Rptr. 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/priestly-v-doucette-masssuperct-1994.