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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-05
Status Open
Type Administrative Civil Actions|Civil Rights Act, G.l. C. 12 § 11 H
Docket 35 entries

Parties

Plaintiff Eric J. Duarte #22648
Defendant Norfolk County Sheriffs Office|Commonwealth Of Massachusetts Attorney General Office|Sheriff Patrick W. Mc Dermott|Superintendant Danielle Frane|Ips Billy Castille|Deputy Linsky|Captain Shoangold|Captain Jack Killrain|Captain John Cosgrove|Captain Kelly 'jenks' Cosgrove|Officer Lt. James Mcquad|Officer Lt. Nee|Officer Lt. Patrick Weir|Sgt. Sima Junkovic|Officer James Hooley|Officer Gerson Louis|Officer Junkins|Officer Mc Innis|Officer Windwalker|Officer O'donnell|Mental Health Director, Licsw, Anne Collins|Mental Health Clinician, Licsw, Ashley Hanneken|Mental Health Clinicican, Licsw, Christine Leete|Nurse Amanda|Nurse Lori|Nurse Stephanie|Nurse Ed|Nurse Mike|Nurse Rose|Nurse Sherry

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Eric J. Duarte #22648
  2. Case assigned to: DCM Track A - Average was added on 05/05/2023
  3. Original civil complaint filed. (Rec'd 5/3/23)
  4. Civil action cover sheet filed.
  5. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit
  6. General correspondence regarding Resident Account Summary
  7. Determination regarding normal fees and costs ALLOWED FORTHWITH by Clerk waived in full , pursuant to G. L. c. 261, § 27C(2). (Asst. Clerk M.Diane Gibbons) (dated;5/5/23) certified copy sent pl Judge: Gibbons, M. Diane
  8. Financial Note: Superior Court Civil Filing Fee in the amount of $425.00 dismissed on 5/8/2023; See Determination by Assistant Clerk Magistrate M. Diane Gibbons dated 5/5/2023 (See P# 5.0)
  9. One Trial case reviewed by Judge Judge: Hickey, Mary K
  10. Affidavit of Service as to the defendants:see pleading
  11. Amended: amended complaint filed by Eric J. Duarte #22648
  12. Plaintiff's Affidavit of exhibit annex inventory list
  13. Eric J. Duarte #22648's request for Default 55(a) Applies To: Eric J. Duarte #22648 (Plaintiff)
  14. Affidavit of entry of default, certificate of service Applies To: Eric J. Duarte #22648 (Plaintiff)
  15. General correspondence regarding Exhibit Annex Inventory List Applies To: Eric J. Duarte #22648 (Plaintiff)
  16. General correspondence regarding Letter from the Plaintiff (rec'd 5/11/23)
  17. Plaintiff(s) Eric J. Duarte #22648's Motion for a Preliminary Injunction and Temporary Restraining Order
  18. Affidavit of Eric J. Duarte#22648
  19. Eric J. Duarte #22648's MOTION for appointment of Other -. Counsel
  20. Attorney notice of appearance for Dan V. Bair II on behalf of all 30 Defendants Norfolk County Sheriffs Office et al electronically filed 6/14/23 dg
  21. Defendant Norfolk County Sheriffs Office, Commonwealth of Massachusetts Attorney General Office, Sheriff Patrick W. McDermott, Superintendant Danielle Frane, IPS Billy Castille, Deputy Linsky, Captain Shoangold, Captain Jack Killrain, Captain John Cosgrove, Captain Kelly "Jenks" Cosgrove, Officer Lt. James Mcquad, Officer Lt. Nee, Officer Lt. Patrick Weir, Sgt. Sima Junkovic, Officer James Hooley, Officer Gerson Louis, Officer Junkins, Officer McInnis, Officer Windwalker, Officer O'Donnell, Mental Health Director, LICSW, Anne Collins, Mental Health Clinician, LICSW, Ashley Hanneken, Mental Health Clinicican, LICSW, Christine Leete, Nurse Amanda, Nurse Lori, Nurse Stephanie, Nurse Ed, Nurse Mike, Nurse Mike, Nurse Rose, Nurse Sherry's Motion to dismiss all counts (e-Filed) dg
  22. Norfolk County Sheriffs Office's Memorandum etals Memorandum in support of their Motion to Dismiss (e-Filed) dg
  23. Endorsement on Motion of the Defendants' to DISMISS for failure to comply with Rule 8 of the MRCP regarding pleadings, or in the alternative, Motion for more Definite Statement pursuant to Rule 12(e) (e-Filed) (#14.0): Other action taken --Plaintiff is granted until 7/5/2023 to file a response to this Motion. cs dg
  24. General correspondence regarding Letter requesting copy of complaint by plaintiff
  25. Docket Note: Copy of Complaint sent to the plaintiff per his request
  26. Plaintiff Eric J. Duarte #22648's Notice to Reply/Motion to strike RE: P#14.0 (rec'd 6/29/23) mc
  27. Plaintiff Eric J. Duarte #22648's Motion to Reply, Motion to strike (rec'd 6/29/23)
  28. Eric J. Duarte #22648's Memorandum in support of the Plaintiff's Reply/Opposition, Motion to strike (rec'd 6/29/23)
  29. Endorsement on Motion to reply, motion to strike MRCP 12f, Defendant NCSO Motion to dismiss for failure to comply with Rule 8 of MRCP regarding pleading in the alternative motion for more definite statement (#17.0): ALLOWED in Part. Plaintiff's Opposition is accepted for filing, His Motion to Strike is Denied (Davis, J)(dated; 7/5/23) ns pl Judge: Davis, Hon. Brian A
  30. Endorsement on Motion to dismiss all counts After review, Motion is (#14.0): ALLOWED as to plaintiff filing a more definite statement. Plaintiff shall file a written forty 40 days of the entry date of this order, a short, plain, and more definite statement of his claims in this action meeting the requirements of Mass.R.Civ.P. 8(a0(1). In the event that the plaintiff fails to do as Ordered, Defendants' may renew their Motion to Dismiss. See Decision and Order of this date. (Davis, J)(dated; 7/5/23) ns pl Judge: Davis, Hon. Brian A
  31. ORDER: Decision and Order regarding Defendants' Motion to Dismiss or in the Alternative for a More Definite Statement (Docket No. 14.0) (Davis, J)(dated;7/5/23) certified copy sent pl Judge: Davis, Hon. Brian A
  32. General correspondence regarding Notice of Verification of No Email
  33. General correspondence regarding Letter received from the Plaintiff requesting information about how to write a more definite statement.
  34. Docket Note: Sent example of an amended complaint and MRCP 12(e)rule
  35. Defendants Norfolk County Sheriffs Office, Sheriff Patrick W. McDermott's Motion to dismiss all counts Renewed for failure to comply with Rule 8 of the Massachusetts Rules of Civil Procedure regarding pleadings (E-filed 8/28/23) Applies To: Norfolk County Sheriffs Office (Defendant); Commonwealth of Massachusetts Attorney General Office (Defendant); Sheriff Patrick W. McDermott (Defendant); Superintendant Danielle Frane (Defendant); IPS Billy Castille (Defendant); Deputy Linsky (Defendant); Captain Shoangold (Defendant); Captain Jack Killrain (Defendant); Captain John Cosgrove (Defendant); Captain Kelly "Jenks" Cosgrove (Defendant); Officer Lt. James Mcquad (Defendant); Officer Lt. Nee (Defendant); Officer Lt. Patrick Weir (Defendant); Sgt. Sima Junkovic (Defendant); Officer James Hooley (Defendant); Officer Gerson Louis (Defendant); Officer Junkins (Defendant); Officer McInnis (Defendant); Officer Windwalker (Defendant); Officer O'Donnell (Defendant); Mental Health Director, LICSW, Anne Collins (Defendant); Mental Health Clinicican, LICSW, Christine Leete (Defendant); Nurse Amanda (Defendant); Nurse Lori (Defendant); Nurse Stephanie (Defendant); Nurse Ed (Defendant); Nurse Mike (Defendant); Nurse Sherry (Defendant)

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