Rivera v. Department of Children and Families

Filing 17

Judge F. Dennis Saylor, IV: MEMORANDUM AND ORDER entered granting 8 Motion to Dismiss for Failure to State a Claim. (Cicolini, Pietro)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
)
RICARDO RIVERA,
)
)
Plaintiff,
)
)
Civil No.
v.
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14-10613-FDS
)
DEPARTMENT OF CHILDREN AND
)
)
FAMILIES,
)
Defendant.
)
_______________________________________)
MEMORANDUM AND ORDER
SAYLOR, J.
On June 27, 2014, this Court entered an order directing plaintiff Ricardo Rivera to show
cause by July 18, 2014, why this action should not be dismissed for failure to state a claim upon
which relief can be granted. In a document filed on July 11, 2014, plaintiff responded to the
order. However, that response does not overcome the legal impediments to his action. In
particular, as the Court stated in its prior memorandum and order, the complaint and the response
fail to state any causes of action; the Eleventh Amendment clearly forecloses any potential claim
against DCF under 28 U.S.C. § 1983; and failure to comply with the requirements of the
Massachusetts Tort Claims Act, Mass. Gen. Laws ch. 258, forecloses any potential claim under
tort law.
Accordingly, the motion to dismiss is GRANTED, and the complaint is DISMISSED.
So Ordered.

Dated: July 21, 2014

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge