Beal v. Blache

Memorandum of Law in Support of Defendant City of Methuen's Motion for Summary Judgment


This motion was filed in the USDC-Mass before Judge Stearns on Oct.24,2004. It was argued before him on Jan.27, 2005 and he ruled in our favor on Feb 14, 2005.

The motion addresses the standard required for grant of summary judgment under Rule 56 of the Federal Rules of Civil Procedure. It also addresses municipal liability under Title 42 U.S.C. Section 1983.

The plaintiff brought the action against Defendant Blache, a Methuen Police Officer, for an alleged rape while he was on duty. Defendant, City of Methuen, is named in count II of the complaint for violation of 42 U.S.C. 1983 based upon the allegation of “deliberate indifference” or tacit authorization to Blache's prior wrongful conduct. As a subset to this claim it is alleged that the city’s failure to supervise, consciously and deliberately fail to improve training, and a custom or policy of discouraging personnel from properly addressing allegations of abuse caused the deprivation of the plaintiffs rights, privileges and immunities secured by the constitution and the laws of the United States.

The defendants, City of Methuen’s, contend that the plaintiff failed to make a showing of “deliberate indifference” by a final policy maker of the city so as to sustain these allegations. It is further the City’s position that the plaintiff failed to demonstrate that an action or inaction of a final policy maker of the city was a “causative factor” to this deprivation. It is thus the defendant, City of Methuen’s, argument that summary judgment should be granted in its favor and against the plaintiff as to count II (violation of 42 U.S.C. 1983).

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | Federal, 1st Circuit, Massachusetts | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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