Tierney et al v. Town of Framingham et al
Judge F. Dennis Saylor, IV: ORDER entered. The claims against defendants Lapinski and the DCF defendants are hereby dismissed.(FDS, law1)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
THOMAS TIERNEY, et al.,
TOWN OF FRAMINGHAM, et al.,
Civil Action No.
ORDER DISMISSING REMAINING CLAIMS
On February 13, 2018, the Court entered a memorandum and order directing plaintiffs to
show cause by February 27, 2018, why their section 1983 claim against defendant John Lapinski
should not be dismissed. Plaintiffs were also directed to provide an argument as to why
sovereign immunity has been waived by defendants Chad Cronin, Debra Connors, and the
Massachusetts Department of Children and Families (collectively, the “DCF defendants”).
Plaintiffs filed a response with the Court on February 27, 2018. (Docket No. 38). Their
response includes new factual allegations against Lapinski and the DCF defendants. However, it
does not explain how Lapinski acted under “color of state law,” as required by section 1983. In
addition, it fails to show that sovereign immunity has been waived by the DCF defendants. The
response merely asserts a vague “plain wording” argument that plaintiffs “assume everyone[ ]
already knows about.” (Pl. Resp. at 3). Plaintiffs further appear to cite Alden v. Maine, 527 U.S.
706 (1999). However, that case stands for the proposition that Congress lacks the power to
“subject nonconsenting States to private suits for damages in state courts.” Id. at 712.
Accordingly, the claims against defendants Lapinski and the DCF defendants are hereby
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
United States District Judge
Dated: March 6, 2018
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