Williams v. Bisceglia

115 F. Supp. 3d 184, 2015 U.S. Dist. LEXIS 94711, 2015 WL 4462132
CourtDistrict Court, D. Massachusetts
DecidedJuly 21, 2015
DocketCivil Action No. 14-40179-TSH
StatusPublished
Cited by5 cases

This text of 115 F. Supp. 3d 184 (Williams v. Bisceglia) 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
Williams v. Bisceglia, 115 F. Supp. 3d 184, 2015 U.S. Dist. LEXIS 94711, 2015 WL 4462132 (D. Mass. 2015).

Opinion

ORDER

HILLMAN, DISTRICT JUDGE

Nature of the Case

Gaynéll Williams," Jr. (“Williams” or “Plaintiff’) filed suit against. Officer Bis-ceglia (“Officer. Bisce'glia”), Chief of Police Gary J. Gemme (“Chief Gemme”) and the City of Worcester- (“City”) pursuant to 42 U.S.C. § 1983 alleging claims for “unreasonable” arrest and wrongful' incarceration (Count I), false arrest (Count II), and negligence pursuant-to the Massachusetts Tort Claims Act, Mass.Gen.L. ch. 258 (“MTCA”)(Count III). More specifically, he alleges that Officer Bisceglia requested that he be arrested in North Carolina on a fugitive warrant for a crime committed five years earlier in the City by a “Gaynell Williams” with a different date of birth and social security, number. He further alleges that he was in fact arrested, extradited (voluntarily) and incarcerated for approximately four months before evidence was obtained that established he could not have committed the crime charged. This Order addresses Plaintiffs Motion, Memo-rándum Included, For Leave To File Second Amended Complaint, Adding No Additional Parties Or Claims [Fed.R.Civ. 15(a)(2) ] (Docket No. 8). For the reasons set forth below, that motion is allowed, in part, and denied, in part. This Order also addresses Brian Bisceglia’s Motion To Dismiss (Docket No. 10) and Gary Gemme and City of Worcester’s Motion to Dismiss (Docket No. 12). For the reasons set forth below, Officer Bisceglia’s motion is denied and the City’s and Chief Gemme’s motion is allowed.

The Motions To Dismiss

Standard of Review

In a motion to dismiss under Fed. R.Civ.P. 12(b)(6), the Court “must assume the truth of all well-plead[ed] facts and give the plaintiff the benefit of all reasonable inferences therefrom.” Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1, 5 (1st Cir.2007) (citing Rogan v. Menino, 175 F.3d 75, 77 (1st Cir.1999)). In deciding a motion to dismiss, the Court may consider materials attached to or incorporated by reference in the complaint, or that are a part of the pleading itself. Trans-Spec Truck Serv. v. Caterpillar, 524 F.3d 315, 321 (1st Cir.2008). To survive a motion to dismiss, the plaintiff must state a claim that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). That is, “[f]actual allegations must be enough to raise a right to relief above the speculative level, ... on the assumption that all the [187]*187allegations in the complaint are true (even if doubtful in fact).” Id. at 555, 127 S.Ct. 1955 (citations omitted). However, the Court need not consider “bald assertions [or] unsupportable conclusions.” Doyle v. Hasbro, Inc., 103 F.3d 186, 190 (1st Cir.1996). “The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d .868. (2009) (quoting Twombly, 550 U.S. at 556, 127 S.Ct. 1955). Dismissal is appropriate if plaintiffs well-pleaded facts do not “possess enough heft to show that plaintiff is entitled to relief.” Ruiz Rivera v. Pfizer Pharms., LLC, 521 F.3d 76, 84 (1st Cir.2008) (quotations and original alterations omitted).

Officer Bisceglia’s Motion To Dismiss ■

Williams asserts that on or about June 23, 2011, Officer Bisceglia requested that the state police in North Carolina arrest him for an alleged assault which took place in Worcester, Massachusetts on May 28, 2006. He further alleges that Officer Bis-ceglia made this request despite the fact that Williams’s full name, date of birth and social security number did not match thosé listed on the application for complaint filed in connection with the alleged assault. A warrant was issued in North Carolina for Williams, with his correct date of birth and social security number. He was arrested on June 23, 2011. He waived extradition to Massachusetts and was returned to the Commonwealth where he was held without bail at the Worcester County House of Correction. On August 26, 2011, Williams appeared in the Worcester District Court for arraignment and it was at that time he realized that the person named in the criminal complaint had a different full name, birth date and social security number; his Court appointed attorney informed the police and prosecutor of the discrepancy. Williams asserts that the “police” continued to press charges against him and he was held on $300,000 bail. Neither Officer Bisceglia, nor Chief Gem-ine took .any action to have the charges dismissed.. After Williams’s counsel obtained proof that he was in North Carolina on May 28, 2006, the day of the underlying assault, the charges against him were dismissed and he was released; his release occurred on October 27,20111.

Bisceglia has filed an affidavit stating that he was not involved in either the investigation of the May 28, 2006 assault or the extradition of Williams to Massachusetts. However, the affidavit is a matter outside of the pleadings and therefore, cannot be considered by the Court unless his motion to dismiss is converted into one for summary judgment — it has not been so converted. See Rodi v. S. New England Sch. Of Law, 389 F.3d 5, 12 (1st Cir.2004)(In ruling on whether plaintiff has stated an actionable claim, inquiring court must consider complaint, documents annexed to it,, and other materials fairly incorporated within it or matters that are susceptible to judicial notice; court, however, cannot consider of affidavits and miscellaneous documents proffered by parties). Given that this matter was presented to and argued before the Court based on the four corners of the First Amended Complaint, I am denying the motion to dismiss. At the same time, Officer Bisceglia has presented information to the Court and the Plaintiff which call [188]*188into question the validity of the factual allegations which form the bases of Plaintiffs claims against him. For this reason, the Court will require the parties to submit a joint expedited scheduling order (including the filing of dispositive motions) to the' Court for purposes of addressing Plaintiffs claims against Officer Bisceglia. Plaintiff shall be allowed a minimal amount of discovery limited to the issue of whether Officer Bisceglia had any communications with North Carolina law enforcement regarding Plaintiffs arrest and extradition to Massachusetts in August 2011, or had any other involvement in said extradition.2

The City and Chief Gemme’s . Motion To Dismiss

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Bluebook (online)
115 F. Supp. 3d 184, 2015 U.S. Dist. LEXIS 94711, 2015 WL 4462132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-bisceglia-mad-2015.