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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-04-01
Status Open
Type Equity Action Involving An Incarcerated Party
Docket 56 entries

Parties

Plaintiff Gaskins, Tony B.
Defendant Gray, Superintendent Of Mci, Dean|Rourk, Sgt. Inner Perimeter Security,, Jared M.|Ayala, Inner Perimeter Security, Joe|Swank, Dept.commissioner Of Classification, Karen|Herrick, Disciplinary Hearing Officer, Robert C.

Lawyers

Docket Entries

  1. Tony B. Gaskins's Memorandum (Supplemental) of law in support of Motion for Judgment on the Pleadings
  2. Original civil complaint filed.
  3. Civil action cover sheet filed.
  4. Demand for jury trial entered.
  5. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit
  6. Attorney appearance On this date Pro Se added for Plaintiff Tony B. Gaskins
  7. Order pursuant to M.G.L. c 261, 29, to the Commissioner of Corrections or County Sheriff to provide certain information regarding inmate account relative to Plaintiff's motion to claim indigency and waive filing fee: Judge: Pappas, Hon. John P
  8. Plaintiff / Petitioner's canteen account filed. Applies To: Gaskins, Tony B. (Plaintiff)
  9. ORDER: The Court having reviewed the plaintiff's account statement and having determined the plaintiff has the ability to pay a portion of the filing fee hereby ORDERS the plaintiff to pay $00.00 to the Clerk of Middlesex Superior Court within 30 days. The Plaintiff is further ORDERED to forward to the Treasurer's Office of the institution where he or she is housed a copy of this Order with a request for payment of the assessed fee made payable to the "Clerk of Courts, Middlesex County "Failure to pay this fee with in 30 days from the date of this Order will result in the dismissal of the complaint. Copy mailed 06/04/24
  10. ORDER: PURSUANT TO STANDING ORDER 92 1: After review of your complaint and correspondence, the Court has ordered the following : 1. The complaint is to be entered without the requirement of a filing fee. 2. Summonses are to be provided to the plaintiff at no cost. 3. Service is to be made on each named defendant by regular mail at the plaintiff's expense. the return of service is to be made to the Clerk's Office in accordance with the attached instructions. 4.A copy of the complaint is to be sent to the Office of the Department of Corrections by the plaintiff. Dated: June 3, 2024 and copies mailed 6/4/24 Judge: Pappas, Hon. John P
  11. Docket Note: Five(5) Summonses sent to Plaintiff this day
  12. Affidavit of Tony B Gaskins To Show Proof Of Service Of Process
  13. Service Returned for Defendant Rourk, Sgt. Inner Perimeter Security,, Jared M.: Service made via regular mail; on 6/18/24 at 965 Elm St Concord, MA 01742
  14. Service Returned for Defendant Gray, Superintendent of MCI, Dean: Service made via regular mail; on 6/18/24 at 965 Elm St Concord, MA 01742
  15. Service Returned for Defendant Herrick, Disciplinary Hearing Officer, Robert C.: Service made via regular mail; on 6/18/24, at 2 Clark St Norfolk, MA 02056
  16. Service Returned for Defendant Ayala, Inner Perimeter Security, Joe: Service made via regular mail; On July 16, 2024 to Department of Correction, 50 Maple Street, Suite 3, Milford, MA 01757
  17. Service Returned for Defendant Swank, Dept.Commissioner of Classification, Karen: Service made via regular mail; On July 16, 2024 to Department of Correction, 50 Maple Street, Suite 3, Milford, MA 01757
  18. Affidavit of Tony B. Gaskins to Show Proof of Service of Process on Defendants
  19. Attorney appearance On this date Kajal K Chattopadhyay, Esq. added as Private Counsel for Defendant Dean Gray, Superintendent of MCI
  20. Attorney appearance On this date Kajal K Chattopadhyay, Esq. added as Private Counsel for Defendant Jared M. Rourk, Sgt. Inner Perimeter Security,
  21. Attorney appearance On this date Kajal K Chattopadhyay, Esq. added as Private Counsel for Defendant Joe Ayala, Inner Perimeter Security
  22. Attorney appearance On this date Kajal K Chattopadhyay, Esq. added as Private Counsel for Defendant Karen Swank, Dept.Commissioner of Classification
  23. Attorney appearance On this date Kajal K Chattopadhyay, Esq. added as Private Counsel for Defendant Robert C. Herrick, Disciplinary Hearing Officer
  24. Defendants Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer's Motion to Enlarge Time for Filing a Responsive Pleading
  25. Endorsement on Motion to Enlarge Time for Filing a Responsive Pleading (#15.0): ALLOWED
  26. Attorney appearance On this date Mary C Eiro-Bartevyan, Esq added as Attorney for Defendant Dean Gray, Superintendent of MCI
  27. Received from defendants: Answer to original Complaint with attached certified copy of Administrative Record; Applies To: Gray, Superintendent of MCI, Dean (Defendant); Rourk, Sgt. Inner Perimeter Security,, Jared M. (Defendant); Ayala, Inner Perimeter Security, Joe (Defendant); Swank, Dept.Commissioner of Classification, Karen (Defendant); Herrick, Disciplinary Hearing Officer, Robert C. (Defendant)
  28. Plaintiff Tony B. Gaskins's Motion to Amend Civil Complaint
  29. Endorsement on Motion to Amend Civil Complaint (#17.0): Other action taken Because the defendants filed an answer in the form of filing the Administrative Record on 11/07/24, plaintiff is not entitled to amendment as a matter of course. Defendants, therefore, have until 12/15/24 to oppose the motion or state their non-opposition. Judge: Barry-Smith, Hon. Christopher K
  30. Response to Plaintiff's Motion to Amend the Complaint filed by Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer, Dean Gray, Superintendent of MCI
  31. Endorsement on Motion to Amend Civil Complaint (#17.0): ALLOWED After review, and having received a "non-opposition" response from defendants, motion to amend is ALLOWED. Dated December 16, 2024 and notices mailed 12/19/24. Judge: Barry-Smith, Hon. Christopher K
  32. Amended: Verified amended complaint filed by Tony B. Gaskins and jury demand
  33. Plaintiff Tony B. Gaskins's Motion for judgment on the pleadings MRCP 12(c)
  34. Tony B. Gaskins's Memorandum of Law in support of Motion for Judgment on the Pleadings
  35. Tony B. Gaskins's Appendix of Exhibits
  36. Defendants Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer's Motion to Enlarge Time to Respond to Plaintiffs' Motion for Judgment on the Pleadings
  37. Attorney appearance On this date Mary C Eiro-Bartevyan, Esq. added as Attorney for the Commonwealth for Defendant Jared M. Rourk, Sgt. Inner Perimeter Security,
  38. Attorney appearance On this date Mary C Eiro-Bartevyan, Esq. added as Attorney for the Commonwealth for Defendant Joe Ayala, Inner Perimeter Security
  39. Attorney appearance On this date Mary C Eiro-Bartevyan, Esq. added as Attorney for the Commonwealth for Defendant Karen Swank, Dept.Commissioner of Classification
  40. Attorney appearance On this date Mary C Eiro-Bartevyan, Esq. added as Attorney for the Commonwealth for Defendant Robert C. Herrick, Disciplinary Hearing Officer
  41. Endorsement on Motion to Enlarge Time to Respond to Plaintiffs' Motion for Judgment on the Pleadings (#21.0): ALLOWED Dated:4/25/25
  42. Defendants Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer's Motion to Enlarge Time to Respond to Plaintiffs Motion for Judgment on the Pleadings
  43. Endorsement on Motion to Enlarge Time to Respond to Plaintiffs' Motion for Judgment on the Pleadings (#22.0): ALLOWED
  44. Defendant Dean Gray, Superintendent of MCI, Karen Swank, Dept.Commissioner of Classification's Motion to Enlarge Time to Respond to Plaintiff's Motion for Judgment on the Pleadings
  45. Endorsement on Motion to Enlarge Time to Respond to Plaintiff's Motion for Judgment on the Pleadings (#23.0): ALLOWED
  46. Defendants Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer's Motion to Enlarge Time to Respond to Plaintiffs' Motion for Judgment on the Pleadings
  47. Endorsement on Motion to Enlarge Time to Respond to Plaintiff's Motion for Judgment on the Pleadings (#24.0): ALLOWED The Court notes that this is the second request for an extension.
  48. Opposition to plaintiff's motion for judgment on the pleadings filed by Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer (*and cross motion of defendants for judgment on the pleadings)
  49. Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer's Memorandum in support of opposition to plaintiff's motion and cross motion of defendants for judgment on the pleadings
  50. Defendant Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer's Motion for Leave to file in Excess of Twenty Pages
  51. Habeas corpus issued as to Tony B. Gaskins at Souza Baranowski Correctional Center for 08/18/2025 03:00 PM Hearing for Judgment on Pleading. THIS IS A VIRTUAL HEARING. ZOOM INFORMATION: Meeting ID: 160 056 2984 Passcode: 066347 Judge: Haggan, Hon. Patrick
  52. Matter taken under advisement: Hearing for Judgment on Pleading scheduled on: 08/18/2025 03:00 PM Has been: Held - Under advisement Hon. Patrick Haggan, Presiding Appeared: Plaintiff Tony B. Gaskins Pro Se, Defendant Mary C Eiro-Bartevyan, Esq., Attorney for the Commonwealth Staff: Joshua Pakstis, Assistant Clerk Magistrate
  53. ORDER: Consistent with discussions at the 8/18/2025 hearing on the parties' motions for judgment on the pleadings and by agreement of the parties, the defendants shall provide the Court with surveillance video of the incident involving the plaintiff prior to the Court issuing its decision on these motions. The Court not having received this video to date hereby orders the defendants to submit this video on or before 12/9/2025. Judge: Haggan, Hon. Patrick
  54. Defendant Dean Gray, Superintendent of MCI's Submission of Exhibit to Defendant's Motion For Judgment on the Pleadings, including CD.
  55. Defendants Dean Gray, Superintendent of MCI, Jared M. Rourk, Sgt. Inner Perimeter Security,, Joe Ayala, Inner Perimeter Security, Karen Swank, Dept.Commissioner of Classification, Robert C. Herrick, Disciplinary Hearing Officer's Submission of Addendum in Support of their Opposition to Plaintiff's Motion for Judgment on the Pleadings and Defendants' Cross Motion for Judgment on the Pleadings
  56. ORDER: SCHEDULING ORDER Following this Court's receipt of a CD containing surveillance video of the incident involving the Plaintiff on September 27, 2023, and which was reviewed by the Hearing Officer at the disciplinary hearing at issue in this case and the Defendants' Addendum in Support of their Opposition to the Plaintiff's Motion for Judgment on the Pleadings and Defendants' Cross Motion for Judgment on the Pleadings, the Court enters the following SCHEDULING ORDER: Within 30 days of this ORDER, the Plaintiff may, if he so chooses, serve on the Defendants and file with the Court a supplemental brief in support of his Motion for Judgment on the Pleadings in light of these recent submissions by the Defendants. Within 30 days of this ORDER, the Plaintiff or the Defendants may serve and file a request with the Court for further hearing on the motions for judgment on the pleadings. If any party makes such a request, the Court will schedule a further virtual hearing. SO ORDERED. Judge: Haggan, Hon. Patrick

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