Sonia v. Town of Brookline

914 F. Supp. 2d 36, 2012 WL 4482138, 2012 U.S. Dist. LEXIS 139049
CourtDistrict Court, D. Massachusetts
DecidedSeptember 27, 2012
DocketCivil No. 11-10666-NMG
StatusPublished
Cited by4 cases

This text of 914 F. Supp. 2d 36 (Sonia v. Town of Brookline) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sonia v. Town of Brookline, 914 F. Supp. 2d 36, 2012 WL 4482138, 2012 U.S. Dist. LEXIS 139049 (D. Mass. 2012).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

This case arises from the alleged assault of Robert Sonia (“plaintiff’ or “Sonia”) by off-duty police officers at a bachelor party of police officer Daniel Avila (“Officer Avila”). Sonia brings claims for federal and state civil rights violations against defendant police officers David Hill (“Officer Hill”), Brendan Kelleher (“Officer Kelleher”), Yu Kajita (“Officer Kajita”) and Officer Avila (collectively, “Officers”). Sonia also asserts a claim against the Town of Brookline for failure to train and supervise the Officers, in violation of 42 U.S.C. § 1983.

I. Factual Background

The following facts are drawn from the Complaint and accepted as true for purposes of resolving the motion for judgment on the pleadings.

Robert Sonia is employed as a driver for an adult entertainment company. On March 28, 2010, he was dispatched by his employer to transport an exotic dancer to a private party at 1774 Beacon Street in Brookline, Massachusetts. Upon their arrival at approximately 4:30 a.m., the party appeared to be over: only two men were [40]*40present and both appeared to be intoxicated. One of the men informed Sonia that “the bachelor” had already left and the services of the dancer were no longer needed. The men then identified themselves as police officers and warned Sonia and the dancer to “get the f ... out” of the apartment. They complied.

As plaintiff got into his car, another vehicle pulled up. Two men got out and entered the apartment. Before leaving, plaintiff called to inform his employer that the men had cancelled the session and refused to pay. During the call, the dancer noticed someone photographing their car. She informed the plaintiff and he got out of the car to investigate. Suddenly, out of the corner of his eye, he saw someone charging at him. The defendants converged and began punching and kicking him. The plaintiff staggered into the middle of the road, where the defendants forced him to the ground and handcuffed him with his hands behind his back.

At least one neighbor witnessed the commotion and called 911. At some point thereafter, an ambulance and other police cruisers arrived. Emergency medical technicians placed the plaintiff on a stretcher and prepared to transport him to the hospital. A police sergeant who had arrived at the scene prevented the ambulance from leaving before the officers could discuss what happened. Plaintiff was eventually taken to the hospital, where he was diagnosed with a broken eye socket and broken ribs.

II. Procedural History

On April 18, 2011, Sonia filed a four-count Complaint in this Court. The first three claims were brought pursuant to 42 U.S.C. § 1983. Count I alleges that the Officers used excessive force in violation of his more general Fourth Amendment right to be free from unreasonable seizures. Count II alleges that the Officers conspired to deprive plaintiff of his constitutional rights by plotting to assault him and concocting a story they hoped would result in plaintiffs arrest and their exoneration. Count III alleges that the Town of Brook-line had a custom, policy or practice of failing to investigate, discipline, supervise or train its officers, which demonstrated a deliberate indifference to the plaintiffs rights and directly caused the constitutional violations alleged in Count I. Count IV is a state-law claim against the Officers for violation of the Massachusetts Civil Rights Act (“MCRA”). Plaintiff has since amended the Complaint to add state-law claims for battery (“Count V”), abuse of process (“Count VI”) and malicious prosecution (“Count VII”). In its Answer, the Town of Brookline filed cross-claims against the Officers for contribution and indemnification.

On December 21, 2011, the Town of Brookline moved, pursuant to Fed.R.Civ.P. 12(c), for judgment on the pleadings on Count III of the Amended Complaint, the sole claim brought against the Town. That motion was opposed by the plaintiff and, in an unusual twist, was also opposed by the Officers. Neither the Officers nor the plaintiff have moved for judgment on the pleadings.

III. Analysis

A. Legal Standard

While it differs from a Rule 12(b)(6) motion to dismiss in that it is filed after the close of pleadings and “implicates the pleadings as a whole,” a Rule 12(c) motion for judgment on the pleadings is governed by the same standard. Perez-Acevedo v. Rivero-Cubano, 520 F.3d 26, 29 (1st Cir.2008). To survive a motion for judgment on the pleadings, a complaint must contain sufficient factual matter to state a claim for relief that is actionable as a matter of law and “plausible on its face.” [41]*41Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Assessing plausibility is a “context-specific task that requires the reviewing court to draw on its judicial experience and common sense” to determine whether the well-pled facts alleged in the complaint are sufficient to “permit the court to infer more than the mere possibility of misconduct.” Iqbal, 129 S.Ct. at 1950.

In considering the merits of a Rule 12(c) motion to dismiss, a court accepts all factual allegations in the complaint as true and draws all reasonable inferences in the plaintiffs favor. Langadinos v. Am. Airlines, Inc., 199 F.3d 68, 69 (1st Cir.2000). The Court should treat “any allegations in the answer that contradict the complaint as false.” Santiago v. Bloise, 741 F.Supp.2d 357, 360 (D.Mass. 2010). In addition to the complaint and the answer, a court may also consider documents “the authenticity of which are not disputed by the parties” or those documents that are “central to the plaintiffs’ claim” or “sufficiently referred to in the complaint.” Id. at 361 (citing Curran v. Cousins, 509 F.3d 36, 44 (1st Cir.2007)).

B. Application

The Town of Brookline asserts that the Amended Complaint 1) does not allege facts sufficient to support the claim that the Officers acted under color of state law and 2) fails to state a claim for municipal liability. The Court begins by considering the former assertion.

1. Under Color of Law

A police officer who violates the constitutional rights of another is not subject to civil liability under 42 U.S.C. § 1983 unless he does so “under color of law,” which is a formal way of saying that he acted in his capacity as a police officer, not as a private citizen. See Barreto-Rivera v. Medina-Vargas,

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Bluebook (online)
914 F. Supp. 2d 36, 2012 WL 4482138, 2012 U.S. Dist. LEXIS 139049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonia-v-town-of-brookline-mad-2012.