Opinion

Goode v. City of Boston

Court
District Court, D. Massachusetts
Filed
Mar 21, 2023
Cited by
0 cases
Authority
More cited than 22.9%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 21-11457-GAO

SHIRLEY A. GOODE and SEAN GOODE,

Plaintiffs,

v.

DANIEL SMITH and CITY OF BOSTON,

Defendants.

ORDER

March 21, 2023

O’TOOLE, D.J.

The plaintiffs Shirley and Sean Goode have asserted three claims against Boston Police

Officer Daniel Smith: unlawful search and seizure under 42 U.S.C. § 1983, unlawful killing of a

dog under Massachusetts General Laws Chapter 272 § 85A, and intentional infliction of emotional

distress. Officer Smith has moved to dismiss the claims asserted against him. For the reasons

below, his motion is denied.

Officer Smith argues that the doctrines of qualified and common law immunity bar the

Goodes’ statutory claims against him. The former shields government officials from civil liability

if “their conduct does not violate clearly established statutory or constitutional rights of which a

reasonable person would have known.” Pearson v. Callahan, 555 U.S. 223, 231 (2009) (quoting

Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). The latter protects government officials “act[ing]

in good faith, without malice and without corruption.” Nelson v. Salem State Coll., 845 N.E.2d

338, 348 (Mass. 2006). The Complaint alleges that Officer Smith’s shooting of the plaintiffs’ dog

was “objectively unreasonable” and amounted to a “seizure under the Fourth Amendment.”

(Compl. ¶¶ 26–27 (dkt. no. 1-1).) Fairly read, the Complaint alleges an intentional, not negligent,

act by Officer Smith in violation of the identified statutes.

Officer Smith also argues that the Goodes’ intentional infliction of emotional distress claim

fails because his conduct was not extreme and outrageous as a matter of law. But the Goodes have

“alleged facts and circumstances which reasonably could lead the trier of fact to conclude that

defendant’s conduct was extreme and outrageous, having a severe and traumatic effect upon

plaintiff’s emotional tranquility.” See Agis v. Howard Johnson Co., 355 N.E.2d 315, 319 (Mass.

1976).

Officer Smith’s Motion to Dismiss (dkt. no. 12) is therefore DENIED.

It is SO ORDERED.

/s/ George A. O’Toole, Jr.

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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