Diggs v. Commonwealth of Massachusetts et al

Filing 12

Judge Joseph L. Tauro: MEMORANDUM AND ORDER entered: Plaintiff's Motion to Dismiss Certain Parties (Docket No. 11) is ALLOWED with respect to: (1) the Boston Municipal Court (BMC) Chief Probation Officer; (2) Probation Officer Gregory Pamphile; and (3) the Commonwealth of Massachusetts BMC; All claims against: (1) the Department of Probation; (2) the Commonwealth of Massachusetts (apart from the BMC); and (3) Judge Lawrence McCormick (to the extent any claims have been asserted), are DISMIS SED in their entirety; The Court will permit the claims against Police Officers Mills and Garabedian with respect to alleged perjured testimony to proceed at this time; Plaintiff must effect service of process on these Defendants, and serve a copy of this Memorandum and Order on all remaining Defendants; The Court will permit the claims against Police Officer Mills with respect to alleged malicious prosecution to proceed at this time;Plaintiff's Motion to Submit Medical Records (contained i n Docket No. 11) is DENIED without prejudice. The Clerk shall return the original medical records to Plaintiff and correct the docket entry accordingly; and Plaintiff's Motion for Clarification with respect to probable cause and the claim of malicious prosecution (contained in Docket No. 11) is DENIED as moot. (PSSA, 1)