Unitt et al v. Spencer et al

Filing 22

Judge Richard G. Stearns: ORDER entered. The Proposed Amended Complaint shall be docketed as the Amended Complaint in this action. The claims will be limited to those regarding medical care, the use of excessive force, and any claims under the Amer icans with Disabilities Act. The Court shall sever from this action all claims concerning air quality, air temperature, ventilation, contaminants, toxic substances, and overcrowding at MCI Framingham. The Clerk shall assign a separate docket number to these claims. The Proposed Amended Complaint shall be docketed as the Complaint in the new case, and the Clerk shall also docket a copy of this Order in the case. The case shall be randomly assigned to a judicial officer. [See Order for complete text.] [Order mailed to plaintiff on 6/29/2018.](PSSA, 3)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-11468-RGS
LEE P. UNITT
v.
DANIEL BENNETT, et al.
ORDER
June 28, 2018
STEARNS, D.J.
Upon review of the Proposed Amended Complaint, Dkt #21, the court
hereby orders that:
1.

The Proposed Amended Complaint shall be docketed as the

Amended Complaint in this action.
2.

Because the Amended Complaint contains improperly joined

parties and claims, the court will allow the Amended Complaint to go
forward as follows:
a.

The claims will be limited to those regarding medical care,

the use of excessive force, and any claims under the Americans with
Disabilities Act. With regard to factual allegations, paragraphs 29-69 shall
not be considered to be part of the Amended Complaint.

b.

Luis Spencer, Carol Higgins O’Brien, Thomas Turco, and

Lynn Bissonette shall dismissed as defendants to this action because Unitt
has not alleged facts from which the court may reasonably infer that they
were personally involved in the deprivation of Eighth Amendment right to
adequate medical care or her rights under the Americans with Disabilities
Act.
c.

Peter Koutoujian, the Office of the Sheriff of Middlesex

County, Framingham Mayor Yvonne Spicer, and the City of Framingham
shall be dismissed as defendants, as they are not responsible for the
conditions of confinement at MCI Framingham.
3.

The Clerk shall issue summonses as to all defendants identified

in paragraphs 10-24 of the Amended Complaint. The plaintiff is responsible
for serving a copy of the summons, Amended Complaint, and this Order on
each of these defendants in accordance with Rule 4 of the Civil Rules of Civil
Procedure. Failure to complete service within 90 days of the date of this
Order may result in dismissal of any defendant who has not be timely served.
4.

The Court shall sever from this action all claims concerning air

quality, air temperature, ventilation, contaminants, toxic substances, and
overcrowding at MCI Framingham as follows:
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a.
claims.

The Clerk shall assign a separate docket number to these

The Proposed Amended Complaint shall be docketed as the

Complaint in the new case, and the Clerk shall also docket a copy of this
Order in the case. The case shall be randomly assigned to a judicial officer.
b.

The defendants in this action will be those set forth in

paragraphs 3-11 of the pleading.
c.

Resolution of the filing fee, any further screening of the

Complaint, and the issuance of summonses will be addressed by the judicial
officer to whom the new case is assigned.
SO ORDERED.
/s/ Richard G. Stearns
__________________________
UNITED STATES DISTRICT JUDGE

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