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Photo of Massachusetts Unified County

Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-01-11
Status Open
Type Administrative Civil Actions|Civil Rights Act, G.l. C. 12 § 11 H
Docket 52 entries

Parties

Plaintiff Kemmer, Michael David
Defendant Commonwealth Of Massachusetts Danvers Police

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Michael David Kemmer
  2. Case assigned to: DCM Track A - Average was added on 01/11/2023
  3. Original civil complaint filed.
  4. Civil action cover sheet filed.
  5. Class action filed under Mass. R. Civ. P. 23
  6. Service Returned for 1/19/23 at 8:00 AM Defendant Commonwealth Of Massachusetts Danvers Police: Service made in hand to Officer Ed Campbell, person in charge at the time of service at 120 Ash Street Danvers, MA 01923.
  7. Civil action cover sheet filed. (Amended)
  8. Plaintiff Michael David Kemmer's Submission of Written Witness Testimony: Ms. Linda G. Kemmer (Maternal Mother)
  9. Attorney appearance On this date Thomas R Donohue, Esq. added for Defendant Commonwealth Of Massachusetts Danvers Police
  10. Attorney appearance On this date Amy Bratskeir, Esq. added for Defendant Commonwealth Of Massachusetts Danvers Police
  11. Attorney appearance electronically filed.
  12. Attorney appearance electronically filed.
  13. Defendant Commonwealth Of Massachusetts Danvers Police's Notice of Motion for leave to file Responsive Pleading by March 10, 2023
  14. Defendant Commonwealth Of Massachusetts Danvers Police's Motion for Leave to file responsive pleading by March 10, 2023
  15. Plaintiff Michael David Kemmer's Objection to Defendants Motion for leave to file a responsive pleading
  16. Defendant Commonwealth Of Massachusetts Danvers Police's Submission of Notice of Filing
  17. Rule 9A list of documents filed. Applies To: Bratskeir, Esq., Amy (Attorney) on behalf of Commonwealth Of Massachusetts Danvers Police (Defendant)
  18. Request for hearing filed Applies To: Bratskeir, Esq., Amy (Attorney) on behalf of Commonwealth Of Massachusetts Danvers Police (Defendant)
  19. Endorsement on Motion for leave to file responsive pleading by March 10, 2023 (#7.0): ALLOWED
  20. Attorney appearance On this date Max Bauer, Esq. added for Defendant Commonwealth Of Massachusetts Danvers Police
  21. Defendant Commonwealth Of Massachusetts Danvers Police's Notice of Motion to dismiss
  22. Attorney appearance electronically filed.
  23. Defendant Commonwealth Of Massachusetts Danvers Police's Motion to dismiss all counts
  24. Commonwealth Of Massachusetts Danvers Police's Memorandum in support of Its Motion To Dismiss
  25. Opposition to Defendant's Motion To Dismiss filed by Michael David Kemmer
  26. Defendant Commonwealth Of Massachusetts Danvers Police's Notice of Filing
  27. Rule 9A list of documents filed. Applies To: Bratskeir, Esq., Amy (Attorney) on behalf of Commonwealth Of Massachusetts Danvers Police (Defendant)
  28. Request for hearing filed Applies To: Bratskeir, Esq., Amy (Attorney) on behalf of Commonwealth Of Massachusetts Danvers Police (Defendant)
  29. The following form was generated: Notice to Appear Sent On: 03/17/2023 12:34:19
  30. Case file images - Notice to Appear for R12 Hearing on 4/13/23 at 2:00 p.m. in person
  31. Plaintiff Michael David Kemmer's Submission of Premeditation Psychological Evaluation, Self Section To Prove Hospitalization Was Premeditated
  32. Plaintiff Michael David Kemmer's Request to Reschedule R12 Hearing on 4/13/23
  33. Endorsement on Request to reschedule Rule 12 hearing (#11.0): ALLOWED ALLOWED. The Rule 12 hearing will be rescheduled to 5/2/23 at 2:00 p.m. in person. (Attest Jaimie Essigmann Sessions Clerk)
  34. Event Result:: Rule 12 Hearing scheduled on: 04/13/2023 02:00 PM Has been: Rescheduled For the following reason: Request of Plaintiff Hon. James F Lang, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  35. Matter taken under advisement: Rule 12 Hearing scheduled on: 05/02/2023 02:00 PM Has been: Held - Under advisement Comments: FTR 2:05:58P.M.-2:13:24P.M. Courtroom 1 Newburyport Sessions Clerk Jaimie Essigmann Hon. James F Lang, Presiding Staff: Anne Mitchell, Assistant Clerk Magistrate
  36. ORDER: Order on Defendant's Motion to Dismiss The Court Concludes that the motion to dismiss must be ALLOWED because the court agrees with the defendant that the plaintiff's are barred by the immunity provision of the civil commitment statute. ** See Image for full text of order**
  37. Endorsement on Motion to dismiss (#9.0): ALLOWED 5/8/23 ALLOWED. See Order at Paper No. 12 (Attest: ATMitchell, Asst Clerk)
  38. Plaintiff Michael David Kemmer's Submission of of Further Documents in Support of His Opposition to Motion to Dismiss (filed 5/5/23 in Salem)
  39. ORDER: Addendum to Order on Defendant's Motion To Dismiss In an Order dated May 8, 2023, which was issued after a non-evidentiary hearing on May 3, 2023, the court allowed the defendant's motion to dismiss. Unbeknownst to the court until this date, on May 5, 2023, the plaintiff submitted for consideration several supplemental documents, all relating to an apparent incident on May 12, 2022 that bears similarities to the one on March 16, 2021 that is the subject of the complaint in the instant case. The new documents, which are not properly a part of the motion to dismiss record, consist of a photograph of three police officers apparently holding the plaintiff down on a bed, a Danvers Police report pertaining to the May 2022 incident, and a Danvers Police "CAD" report relating to the same incident. The submitted documents all contain various handwritten entries that were added to them, presumably by the plaintiff. Even if the court were to expand the record to include the new documents, they do not alter the outcome of the motion to dismiss, as they have no relevance to it and they do not in any way the court's determination that the plaintiff's claims are barred by the immunity provision of the civil commitment statute, G.L. c. 123, s. 22. Accordingly, the court reaffirms its allowance of the defendant's motion to dismiss. Judge: Lang, Hon. James F
  40. JUDGMENT on Defendants, Commonwealth Of Massachusetts Danvers Police 12(b) motion to dismiss against Plaintiff(s) Michael David Kemmer. It is ORDERED and ADJUDGED: That the complaint of the plaintiff be and hereby is DISMISSED.
  41. Docket Note: File sent to Salem
  42. Notice of appeal filed. Applies To: Kemmer, Michael David (Plaintiff)
  43. Docket Note: Mass R.A.P.3(d) notice sent to attys
  44. Docket Note: file sent to Lawrence Superior
  45. Notice of appeal filed.(Amended) Applies To: Kemmer, Michael David (Plaintiff)
  46. Copy of amended notice of appeal sent to all parties/counsel of record Applies To: Kemmer, Michael David (Plaintiff) Commonwealth Of Massachusetts Danvers Police (Defendant)
  47. Plaintiff Michael David Kemmer's Submission of Letter to the Court dated 6/9/2023 Applies To: Kemmer, Michael David (Plaintiff)
  48. Plaintiff Michael David Kemmer's Submission of Written Witness Testimony: Ms. Linda G. Kemmer
  49. Plaintiff Michael David Kemmer's Submission of CD Received (dated 6/13/2023)
  50. Docket Note: FILE IN LAWRENCE SUPERIOR COURT
  51. Appeal: Statement of the Case on Appeal (Cover Sheet).
  52. Notice of assembly of record sent to Counsel

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