Runyon v. Manchester Police Department

Filing 30

ORDER Directing US Marshal to Make Service. Clerk's office is to complete and issue summonses for the Manchester Police Department and Manchester Police Officer John Doe and forward, together with copies of the documents named in this order, to the U.S. Marshal for service. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Fred Runyon
v.

Civil No. 12-cv-382-SM

Manchester Police Department

O R D E R
Before the court are seven motions (doc. nos. 23-29) filed
by plaintiff, Fred Runyon, in response to this court’s February
25, 2013, order (doc. no. 22).

The court construes each of the

seven motions to be an addendum to the complaint.

The clerk

shall redocket the motions (doc. nos. 23-29) as complaint
addenda.
For reasons stated in the report and recommendation issued
this date, the court concludes that Runyon has stated plausible
claims that unnamed MPD officers are individually liable to
Runyon, under 42 U.S.C. § 1983, for violating his Fourth
Amendment rights by using excessive force against him when they
kicked, struck, and/or stunned him with their stun guns while
arresting him without a warrant or probable cause in 2011.
Runyon has also stated a plausible claim that each of the
unnamed officers is individually liable to him for the
intentional torts of assault and battery under state law, and

that their employer, the MPD, is vicariously liable for their
tortious conduct.
The court directs service of the Fourth Amendment false
arrest and excessive force claims under 42 U.S.C. § 1983, and
the intentional tort assault and battery claim under state law,
against a “John Doe” MPD officer.

The court further directs

service of the state law assault and battery claims against the
unnamed officer’s employer, the MPD, an agency of the City of
Manchester.
The clerk’s office is directed to complete and issue
summonses for the following defendants:

Manchester Police

Department and Manchester Police Officer John Doe, using the
MPD’s address for service, 405 Valley Street, Manchester, NH
03103.

The clerk’s office shall forward to the United States

Marshal for the District of New Hampshire (the “U.S. Marshal’s
office”): the summonses; the complaint and the addenda thereto
(doc. nos. 1, 8-18, and 23-29); the report and recommendation
issued this date; and this order.

Upon receipt of the necessary

documentation, the U.S. Marshal’s office shall serve defendants,
pursuant to Fed. R. Civ. P. 4(c)(3), 4(e), and 4(j)(2).
also N.H. Rev. Stat. Ann. § 510:10.

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See

Defendants are instructed to answer or otherwise plead
within twenty-one days of service.

See Fed. R. Civ. P.

12(a)(1)(A).
Runyon is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly on
defendants by delivering or mailing the materials to them or
their attorney(s), pursuant to Fed. R. Civ. P. 5(b).
Runyon is further instructed that the court may recommend
dismissal of Runyon’s claims if, within 120 days after the date
of this order, Runyon does not move to amend his complaint to
name the MPD officer[s] currently identified as “John Doe,” and
does not show cause for failing to do so.
SO ORDERED.
__________________________
Landya McCafferty
United States Magistrate Judge
March 25, 2013
cc:

Fred Runyon, pro se

LBM:nmd

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