Opinion

AKWELEY ABLORH v. TOWN OF STONEHAM, DAVID STEFANELLI, SHERYL ROTONDI, & BRIAN RAFFAELO

Court
District Court, D. Massachusetts
Filed
Nov 20, 2025
Cited by
0 cases
Authority
More cited than 37.1%

“That most law enforcement officers are armed is a fact well known to the public. The presence of a holstered firearm thus is unlikely to contribute to the coerciveness of the encounter absent active brandishing of the weapon.”

How later courts described this case

  • “That most law enforcement officers are armed is a fact well known to the public. The presence of a holstered firearm thus is unlikely to contribute to the coerciveness of the encounter absent active brandishing of the weapon.”
  • “Plaintiffs cannot now introduce an entirely new theory of liability in their summary judgment papers.”
  • “[P]ro se status does not insulate a party from complying with procedural and substantive law.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

_______________________________________

)

AKWELEY ABLORH, )

)

Plaintiff, )

)

v. ) Civil Action No. 23-11937-MJJ

)

TOWN OF STONEHAM, DAVID )

STEFANELLI, SHERYL ROTONDI, & )

BRIAN RAFFAELO, )

)

Defendant. )

_______________________________________)

MEMORANDUM OF DECISION

November 20, 2025

JOUN, D.J.

Plaintiff Akweley Ablorh (“Plaintiff”) alleges that she was tricked by multiple Stoneham

police officers into presenting herself for a psychiatric evaluation, which purportedly resulted in

her involuntary hospitalization and the eventual temporary loss of custody of her child. See [Doc.

No. 1-3 at ¶¶ 58–80]. Plaintiff brings two causes of action against defendant Town of Stoneham

(the “Town”) and nine causes of action against three defendant police officers thereof, David

Stefanelli (“Stefanelli”), Sheryl Rotondi (“Rotondi”), and Brian Raffaelo (“Raffaelo”)

(collectively, “Defendant Officers”), (altogether, the “Defendants”) for injuries allegedly sustained

as a result of the events leading up to and following Plaintiff’s hospitalization. See generally [Doc.

No. 1-3].

Defendants filed a motion for summary judgment on all claims on June 30, 2025. See

generally [Doc. No. 48]. For the foregoing reasons, the motion is GRANTED.

I. PROCEDURAL HISTORY

Plaintiff, at the time represented by counsel, filed her complaint in Middlesex Superior

Court on June 14, 2023 (Civil Docket No. 2381CV01765). [Doc. No. 4]. Shortly thereafter, on

August 23, 2023, the matter was removed to this Court. [Doc. No. 1]. Defendants filed an answer

on September 12, 2023. [Doc. No. 5]. On March 26, 2025, Plaintiff’s counsel withdrew

representation. [Doc. No. 43]. From that point on, Plaintiff has proceeded pro se.

Defendants filed a motion for summary judgment on all claims on June 30, 2025. [Doc.

No. 48]. On July 8, 2025, Plaintiff filed a one and a half-page opposition that did not contain any

citations to case law or the record. See generally [Doc. No. 52]. Plaintiff was permitted to refile

and did so on July 25, 2025. [Doc. No. 58]. Plaintiff’s second opposition identifies “at least 10

significant factual disputes requiring a hearing in this case” but does not contain any citations to

the record in support of the alleged disputes. See generally [id.]. Plaintiff also did not submit a

formal response to Defendants’ statement of material facts or file her own statement of material

facts. See [Doc. No. 58 at 10]. Defendants were permitted to file a reply but did not do so. See

[Doc. No. 55].

II. BACKGROUND

The following facts, unless otherwise noted, are either undisputed or recounted in the light

most favorable to Plaintiff, the non-moving party. See Kinzer v. Whole Foods Mkt., Inc., 99 F.4th

105, 108 (1st Cir. 2024).

On the morning of June 14, 2020, Plaintiff contacted the non-emergency line of the

Stoneham Police Department to report “minor injuries” on herself, her three-month-old child, and

her property, which she believed were caused by her then-husband. [Doc. No. 50 at ¶¶ 8–9].

Plaintiff’s phone call was transferred to police officer Stefanelli, and they discussed her concerns.

[Id. at ¶¶ 10–15]. During that call, Plaintiff informed Stefanelli that “she has unexplained minor

injuries and believes that her husband who is often up at night inflicts these minor injuries on her

and their son. She stated that some of the scratches are fresh and some have heeled [sic] and have

left a scar but they are very minor.” [Doc. No. 48-4 at 2]. She also stated that her husband cuts her

fingernails into a “jigsaw pattern” while she sleeps and that she believes he twists her wrists in the

process because they are sore when she wakes up. [Id.]. She further stated that her husband branded

her phone with a triangle “punch” mark and claimed her husband pushed her a couple times but

admitted there was no history of violence. [Id.].

Plaintiff testified that she had been sleeping in a separate room as her husband for “several

weeks” leading up to her phone call to the police department. [Doc. No. 48-8 at 8]. According to

Stefanelli’s written police report, during their phone conversation, Plaintiff “stated that she has

been ‘barricading in our nursery’ with the baby because she feared what he[r husband] may do” at

night. [Doc. No. 48-4 at 2]. Plaintiff now disputes whether she used the term “barricade” to

describe her sleeping situation at home, suggesting that only her husband used that descriptor, but

she concedes that, at a minimum, she “hung something noisy on the doorknob” as an alert

mechanism because she “was not comfortable with him entering the room while [she] was

sleeping.” [Doc. No. 48-8 at 8–9]. Stefanelli testified that Plaintiff “was very calm and articulate

with her descriptions and believable” and that she was describing “a domestic violence situation.”

[Doc. No. 48-5 at 15; Doc. No. 50 at ¶ 14]. Plaintiff claimed she was afraid of her husband and

agreed to have Stefanelli and a few other officers come to her house to evaluate the situation. [Doc.

No. 48-4 at 2].

The Defendant Officers arrived at Plaintiff’s house later that same morning. [Doc. No. 50

at ¶ 18]. Plaintiff showed the Defendant Officers the alleged injuries to her phone, fingernails, and

son upon their arrival. [Id. at ¶¶ 19, 21, 32]. Stefanelli reported that the damage to Plaintiff’s phone

appeared “very typical of minor wear” and was “so miniscule that you could barely see it.” [Doc.

No. 48-4 at 2]. According to Stefanelli, there were “no marks like anything she described on the

phone,” he had to “ask to see her fingernails,” and the “injuries [to her son] were extremely minor

and typical with tiny scratches that would be normal for an infant.” [Id.]. In fact, Plaintiff concedes

that the scratches and scars on her son’s cheeks were “barely visible.” [Doc. No. 50 at ¶ 22; Doc.

No. 48-6 at 6]. Stefanelli reported that other aspects of Plaintiff’s story, as she relayed them to him

during their earlier phone call, were unsubstantiated based on what he observed during the at-home

visit. See [Doc. No. 50 at ¶¶ 23–25].

According to Plaintiff’s husband, Plaintiff had become “paranoid” of him being around

their child, and she had been limiting his access to their child to just ten to fifteen minutes of

supervised time each day. [Id. at ¶ 33; Doc. No. 48-9 at 2]. Plaintiff’s husband also told one of the

Defendant Officers about her past trauma and history of depression. [Doc. No. 48-9 at 2-4; Doc.

No. 50 at ¶¶ 27–30].

The Defendant Officers conferred and agreed that Plaintiff might be suffering from mental

health issues and should be evaluated by a medical professional. [Doc. No. 50 at ¶ 35]. Stefanelli

encouraged Plaintiff’s husband to call her physician to discuss whether involuntary hospitalization

pursuant to Mass. Gen. Laws (“M.G.L.”) ch. 123, § 12 (“Section 12”) was appropriate. [Id. at ¶

34; Doc. No. 48-5 at 42–43]. Stefanelli testified that Plaintiff’s husband called but was unable to

reach the physician, and thereafter the Defendant Officers devised a plan to get Plaintiff and her

child to Melrose-Wakefield Hospital (“MWH”). See [Doc. No. 48-5 at 44–46]. According to

Plaintiff, the Defendant Officers told her that she needed to have her child evaluated at the hospital

if she wanted to pursue a restraining order against her husband and suggested she bring her son to

MWH. [Id. at 65]. Plaintiff agreed it was a good idea to have her son evaluated at the emergency

department and drove her son to MWH in her personal vehicle. [Id. ¶ 4; Doc. No. 48-5 at 67–68].

Stefanelli and Rotondi followed Plaintiff to the hospital in their own respective vehicles. [Id.].

Raffaelo stayed at the house with Plaintiff’s husband while Plaintiff, Stefanelli, and

Rontondi went to the hospital. [Doc. No. 48-9 at 4]. Stefanelli told Raffaelo that he was going to

advise Plaintiff to go to the hospital “to be evaluated and possibly sectioned” and that Raffaelo

“should . . . make contact with DCF.” [Id.]. After wrapping up at Plaintiff’s home, Raffaelo

returned to the police station, where he did eventually contact DCF and share his “concerns and

what had taken place.” [Id.].

The Defendant Officers admit that they did not inform Plaintiff that they suspected she was

suffering from mental health issues or that they intended to inform hospital staff of their suspicions

once they arrived at MWH. [Doc. No. 48-5 at 67–68]. Unbeknownst to Plaintiff, the Defendant

Officers had also contacted the Department of Children and Families (“DCF”) to investigate the

child’s wellbeing and instructed DCF to respond directly to the hospital. [Doc. No. 48-9 at 4].

Once at the hospital, Stefanelli helped Plaintiff check in her son for evaluation. [Doc. No.

50 at ¶40]. Plaintiff and her son were then brought into an exam room, after which point none of

the Defendant Officers saw Plaintiff or her child again. [Id. at ¶¶ 40–44]. Stefanelli then briefed

certain hospital staff of his concern for the mother’s mental state and relayed details from his phone

conversation with Plaintiff as well as his at-home visit. [Id.]. According to Raffaelo’s police report,

hospital staff had requested that DCF go to the hospital directly rather than to Plaintiff’s home.

[Doc. No. 48-9 at 4]. Stefanelli conveyed this request to Raffaelo, who was still on the phone with

DCF and capable of relaying the hospital’s request. [Id.]. Stefanelli did not have any discussions

with hospital staff beyond this, and the Defendant Officers never personally interacted with any

DCF workers at the hospital. [Doc. No. 50 ¶¶ 40–44].

After an initial examination was conducted, Plaintiff was taken to a second examination

room that was guarded by a MWH employee. [Id. at ¶ 45]. Around this time, an emergency room

doctor determined Plaintiff needed further in-patient care and admitted her involuntarily pursuant

to Section 12(a). [Id. at ¶¶ 45–46; Doc. No. 48-15 at 1]. Approximately four hours after that

determination, DCF arrived and took custody of Plaintiff’s baby. [Doc. No. 48-8 at 17; Doc. No.

48-12 at 6; Doc No. 50 at ¶ 50]. Though reluctant to part with her child, Plaintiff willingly handed

her son to DCF. See [Doc. No. 48-8 at 18] (“A. [DCF] had thought if I was upset talking about

[my husband], it would impact [my son]. I do not necessarily agree with these comments, but that

is how they put it. Q. So you allowed the individual to take [your son] from you? A. Yeah, I guess

so, if you can call being – yeah . . .”). According to the DCF report, Plaintiff’s father agreed to

take on primary care duties while Plaintiff was in the hospital. See [Doc. No. 48-13 at 9].

According to the application for authorization of Plaintiff’s temporary involuntary

commitment, the identified applicant is MWH physician Dr. Shannon Bottari, not any of the

Defendant Officers. See [Doc. No. 48-15 at 1]. The application cites as evidence of Plaintiff’s

mental illness that the Defendant Officers suspected Plaintiff was suffering “paranoid delusions”

and that Plaintiff was allegedly barricading herself in her room. [Id.]. Plaintiff was hospitalized for

a period of approximately three days: from June 14 to June 17, 2020. [Doc. No. 48-16]. Plaintiff

was diagnosed with postpartum psychosis during this stay. [Doc. No. 50 at ¶ 53]. Plaintiff alleges

that her diagnosis is wrong because it was based, at least in part, on the flawed history that the

Defendant Officers conveyed to the doctors. See generally [Doc. No. 58].

On June 17, 2020, Plaintiff’s husband filed for a restraining order, citing Plaintiff’s

hospitalization as justification. [Doc No. 50 at ¶ 55; Doc. No. 48-12 at 8]. The Woburn District

Court granted the restraining order thereby granting Plaintiff’s husband temporary full custody of

the child. [Doc. No. 50 at ¶ 56; Doc. No. 48-12 at 8].

III. STANDARD OF REVIEW

Summary judgment is appropriate when, based upon the record, “there is no genuine

dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.

Civ. P. 56(a). A genuine dispute is “one that must be decided at trial because the evidence, viewed

in the light most flattering to the nonmovant, would permit a rational factfinder to resolve the issue

in favor of either party.” Medina-Munoz v. R.J. Reynolds Tobacco Co., 896 F.2d 5, 8 (1st Cir.

1990) (citation omitted). To prevail, the moving party must show that “there is no factual

determination which a ‘rational factfinder’ could make as to the ‘existence or nonexistence’ of a

fact that ‘has the potential to change the outcome of the suit.’” Gibson Found., Inc. v. Norris, 88

F.4th 1, 5 (1st Cir. 2023) (quoting Borges ex rel. S.M.B.W. v. Serrano-Isern, 605 F.3d 1, 4-5 (1st

Cir. 2010)).

Courts “must consider the record and the reasonable inferences drawn therefrom in the

light most favorable to the nonmovant,” but “need not credit ‘conclusory allegations, improbable

inferences, and unsupported speculation.’” Dixon-Tribou v. McDonough, 86 F.4th 453, 458 (1st

Cir. 2023) (quoting Lahens v. AT&T Mobility Puerto Rico, Inc., 28 F.4th 325, 333 (1st Cir. 2022)).

The non-moving party may not simply “rest upon mere allegation or denials,” but instead “must

present affirmative evidence.” Sterilite Corp. v. Olivet Intern’l Inc., 22-cv-10327, 2024 WL

_______ (D. Mass. 2024) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256-57 (1986));

Bellone v. Southwick-Tolland Regional School District, 748 F.3d 418, 424 (1st Cir. 2014). In

reviewing a summary judgment motion, a court may examine “all of the record materials on file”

“including depositions, documents, electronically stored information, affidavits or

declarations…or other materials.” Fed. R. Civ. P. 56(c); Ahmed v. Johnson, 752 F.3d 490, 495 (1st

Cir. 2014).

IV. DISCUSSION

Given Plaintiff’s pro se status, I construe her challenges to Defendant’s motion for

summary judgment liberally. See Jones v. Mitchell, 2022 WL 3754846, at *1 (1st Cir. June 3,

2022) (“We construe liberally the challenges raised by Jones, who proceeds pro se on appeal.”);

Miller v. Kopelman & Paige, P.C., 2008 WL 11388634, at *4 (D. Mass. Mar. 31, 2008) (citing

Ahmed v. Rosenblatt, 118 F.3d 886, 890 (1st Cir. 1997)) (“The pleadings of pro se litigants must

be liberally construed….”); but see id. (“[P]ro se status does not insulate a party from complying

with procedural and substantive law.”).

A. Claims Against The Defendant Officers

Plaintiff alleges nine claims against the Defendant Officers: false imprisonment (Count

One), excessive force (Count Two), abuse of process (Count Three), negligence (Count Five),

negligent infliction of emotional distress (Count Seven), intentional infliction of emotional distress

(Count Eight), loss of consortium (Count Nine), violations of the Massachusetts Civil Rights Act

(Count Ten), and interference with the parent-child relationship (Count Eleven). See generally

[Doc. No. 1-3]. Summary judgment of all nine claims is appropriate.

1. False Imprisonment (Count One)

Plaintiff brings a claim for false imprisonment on the basis that the Defendant Officers

manipulated MWH staff into having her involuntarily and unlawfully committed. See [Doc. No.

1-3 at ¶ 82] (“Defendants acting under color of law, intentionally and unlawfully restrained the

Plaintiff through trickery by having her present to the emergency department leading to her

unsubstantiated Section 12 confinement, thereby directly confining the Plaintiff against her will.”);

[Doc. No. 58 at 2] (“Defendant’s intentionally and unlawfully restrained the Plaintiff through using

their influence and authority under color of law, over the Plaintiff, the emergency department staff,

and other local government actors leading to her unsubstantiated Section 12 confinement….”); [id.

at 8] (“[T]he officers specifically requested of MWH staff that Plaintiff be held against her

will….”).

“[T]o succeed on a claim of false imprisonment, a party must show an intentional and

unlawful confinement of a person, either directly or indirectly, of which the person confined is

conscious or is harmed by such confinement.” See Mackey v. Town of Tewksbury, 433 F. Supp. 3d

116, 167 (D. Mass. 2020) (citation and quotations omitted). Confinement can be imposed by

physical barriers or physical force, but threats may also suffice so long as the actor “has the

apparent intention and ability to apply force to the other’s person immediately upon the other’s

attempting to escape from the area [of confinement].” Steiner v. eBay, Inc., 21-cv-11181, 2025

WL 2318805, at *10 (D. Mass. Aug. 12, 2025) (citing McCann v. Wal-Mart Stores, Inc., 210 F.3d

51, 53 (1st Cir. 2000)) (quoting Restatement (Second) of Torts § 40 & cmt. a); Gallagher v. South

Shore Hospital, Inc., 101 Mass. App. Ct. 807, 831–32 (2022) (citations omitted) (“To establish a

claim for false imprisonment, a plaintiff must show that the defendant ‘impos[ed] by force or

threats an unlawful restraint upon freedom of movement.’”). “An actor has the requisite intent

when ‘his act was done for the purpose of imposing confinement upon the other or with knowledge

that such confinement would, to a substantial certainty, result from it.’” Steiner, 2025 WL

2318805, at *10 (citation omitted).

Here, Defendants do not dispute that Plaintiff was involuntarily committed at MWH for

several days. [Doc. No. 50 at ¶¶ 45–46, 51–52]. Instead, they argue that the claim fails because the

hospital, not the Defendant Officers, caused Plaintiff’s confinement. See [Doc. No. 49 at 7] (“The

psychiatric evaluation of the Plaintiff, which ultimately led to her involuntary hospitalization, was

carried out by MWH staff… Defendants simply were not involved in making the determination to

admit or prevent her from leaving MWH.”). I agree that the hospital is responsible for

implementing the Section 12 hospitalization.

Upon arriving at the hospital, Stefanelli helped Plaintiff check in her son, who was

examined. [Doc. No. at ¶ 40]. After Plaintiff and her son went into an examination room, Stefanelli

informed hospital staff that he was also concerned about Plaintiff’s mental state. [Id. at ¶¶ 40–41].

He relayed what Plaintiff had shared with him during their initial phone conversation as well as

conversations and observations from the home visit, and he informed the doctors of his suspicions

of mental illness. [Id. at ¶¶ 42–43]. The Defendant Officers had no further contact with the hospital

staff or Plaintiff and left. [Id. at ¶ 44; Doc. No. 48-8 at 16]. After the Defendant Officers left,

Plaintiff was evaluated by MWH emergency room physician, Dr. Shannon Bottari, who moved to

admit Plaintiff pursuant to Section 12(a). See generally [Doc. Nos. 48-14; Doc. No. 48-15 at 1].

Since Dr. Bottari examined and applied for Plaintiff’s admission after the Defendant Officers had

left the hospital, Plaintiff cannot say that the Defendant Officers are liable for her confinement.

But “a person can be liable for false imprisonment carried about by third parties if they

engage in conduct that sets in motion a false imprisonment knowing that there was no lawful basis

for the imprisonment.” Gallagher, 101 Mass. App. Ct. at 832 (citation omitted) (“[I]f jury found

that defendant . . . caused physician by false statements to request commitment of plaintiff . . .

defendant would be liable….”). Therefore, I must also consider whether the Defendant Officers

indirectly caused Plaintiff’s confinement.

Here, it is clear that Dr. Bottari’s decision to commit Plaintiff took the Defendant Officers’

statements into account. On her application for involuntary hospitalization, Dr. Bottari cited as

evidence of Plaintiff’s potential mental illness that the Defendant Officers suspected that Plaintiff

was experiencing paranoid delusions. [Doc. No. 48-15 at 1] (“? Paranoid delusions per police

report – experience LT. police suspicious”). Her application also stated that Plaintiff was

barricading herself in her room because she believed her husband was causing injury to their child

and that her husband cuts “jigsaw” patterns into her fingernails. [Id.]. Additionally, Dr. Bottari’s

emergency room report states that the Defendant Officers “recommended to section 12” and that

she agreed to admit them “based on their [summary of the Patient’s] history and concern for the

family’s safety.” [Doc. No. 48-14 at 1].

As an initial matter, that Dr. Bottari considered the Defendant Officer’s concerns and

assumed as true the facts as they were relayed to her does not mean that she supplanted her own

medical judgment for that of the Defendant Officers’. It simply means that she agreed with their

assessment, which she indicated in Plaintiff’s medical records. [Id. at 1] (“They recommended to

section 12, which I agreed to….”); see [Doc. No. 48-15 at 1] (checking box indicating she

personally examined Plaintiff). In addition, Plaintiff does not dispute that either she or her husband

made these statements to the Defendant Officers. See [Doc. No. 50 at ¶¶ 12–15]; see generally

[Doc. No. 58] (failing to object to Defendants’ statements of fact). Absent proof that the Defendant

Officers relayed false statements to Dr. Bottari, let alone that they did so intentionally, Plaintiff

cannot show that the Defendant Officers “engage[d] in conduct that sets in motion a false

imprisonment knowing that there was no lawful basis for the imprisonment.” See Gallagher, 101

Mass.App.Ct. at 832.

It is unclear whether Plaintiff alleges that she was falsely imprisoned during her drive to

the hospital because she “drove her baby to the hospital at the Defendant Officers’ request.” [Doc.

No. 58 at 8]; see [Doc. No. 1-3 at ¶ 82] (“Defendants… intentionally and unlawfully restrained the

Plaintiff through trickery by having her present to the emergency department….”). Defendants

argue that Plaintiff was not falsely imprisoned during her drive because there is no evidence that

the Defendant Officers used or threatened to use force. See [Doc. No. 49 at 7]. I agree.

The record is clear that Plaintiff willingly complied with the Defendant Officers’

suggestion to bring her son to the hospital because she believed this to be a necessary step in

obtaining a restraining order against her husband and consequently agreed it was a good idea to

get her son checked out. See [Doc. No. 50 at ¶¶37–39] (“They said … that it was required for me

to take [my son] to the hospital if I was, in fact, concerned about my husband’s behavior, and that

was the only way to get a restraining order….”); [Doc. No. 48-8 at 14–15] (“Q. What did you do

next when they said you should take the baby to the hospital; did you agree? A. Yes.”); [Doc. No.

48-5 at 72] (“Q. It’s fair to say that [Plaintiff] cooperated with you as far as deciding that she would

go to [the hospital], she didn’t resist? A. No. She cooperated in that she believed her newborn son

was being evaluated.”); see also [Doc. No. 50 at ¶¶ 37–39]. The Defendant Officers neither drove

Plaintiff and her son to the hospital in their police cruisers nor called for an ambulance to transport

them. See [Doc. No. 50 at ¶ 39]. Instead, Plaintiff drove her son in her personal vehicle, and the

officers followed. See [Doc. No. 48-12 at 67] (“Q. [Plaintiff] went to the hospital voluntarily and

did [the Defendant Officers] follow her? A. Yes.”). Plaintiff does not cite, nor am I aware of, any

evidence suggesting that the Defendant Officers used force, threats, or intimidation to compel an

otherwise involuntary Plaintiff to appear at the hospital and there is also no evidence that the

Defendant Officers were prepared to use force to get Plaintiff to go to the hospital; by all accounts,

Plaintiff traveled to MWH on her own accord, even if for a misinformed purpose.

Because Plaintiff cannot show that she was confined by the Defendant Officers, her claim

for false imprisonment (Count One) fails. Accordingly, I need not address Plaintiff’s allegations

that her Section 12 hospitalization was improper.

2. Excessive Force (Count Two)

Turning to Plaintiff’s claim for excessive force under 42 U.S.C. § 1983, at threshold, I must

determine whether it should be analyzed under the Fourth Amendment or the Fourteenth

Amendment. “To make out a Fourth Amendment excessive force claim, a plaintiff must show, as

an initial matter, that there was a seizure within the meaning of the Fourth Amendment.” Conlon

v. Scaltreto, 2025 WL 2976531, at *3 (1st Cir. Oct. 22, 2025) (citation omitted). But where a

person is subjected to force without being seized, the claim is analyzed as a substantive due process

violation under the Fourteenth Amendment. See generally County of Sacramento v. Lewis, 523

U.S. 833 (1998). Plaintiff’s claim fails under both the Fourth Amendment and the Fourteenth

Amendment because there was no “seizure” and there was no “use of force.”

The undisputed facts make plain that Plaintiff was not arrested, detained, restrained, or

otherwise “seized” as traditionally understood under the Fourth Amendment. And as explained

above, it was the hospital staff, not the Defendant Officers, who instituted Plaintiff’s Section 12

confinement. Instead, Plaintiff alleges that “Defendants . . . used excessive and unreasonable force

through coercion and trickery in the course of placing Plaintiff under a Section 12 . . . ,” [Doc. No.

1-3 at ¶ 86], and that the Defendant Officers “were armed,” [Doc. No. 58 at 8]. Plaintiff has not

pointed to any authority, nor am I aware of any, that holds that coercion or trickery in similar

circumstances as here may constitute a seizure within the meaning of the Fourth Amendment.

Additionally, the fact that the officers were armed, standing alone, cannot constitute a use of force

such that an encounter turns into a seizure. See U.S. v. Drayton, 536 U.S. 194, 205 (2002) (“That

most law enforcement officers are armed is a fact well known to the public. The presence of a

holstered firearm thus is unlikely to contribute to the coerciveness of the encounter absent active

brandishing of the weapon.”). Plaintiff’s claim for excessive force (Count Two) is dismissed.

3. Abuse of Process (Count Three)

Count Three asserts a claim for abuse of process. [Doc. No. 1-3 at ¶¶ 89–96]. “The

elements of an abuse of process claim are (1) the defendant used ‘process’ (2) for an ulterior or

illegitimate purpose (3) resulting in damage.” Cabot v. Lewis, 241 F. Supp. 3d 239, 259 (D. Mass.

2017) (quoting Millenium Equity Holdings, LLC v. Mahlowitz, 456 Mass. 627, 636 (2010)).

Defendants argue that this claim should be dismissed because “Plaintiff can identify no

legal process which the Defendants effectuated as none of them has brought criminal charges or

any lawsuit against the Plaintiff nor has Plaintiff identified any ulterior motive or illegitimate

purpose. [Doc. No. 49 at 9–10]. Plaintiff refers to two types of legal processes in her complaint:

involuntary admission to a hospital pursuant to Section 12 and obtaining a restraining order

pursuant to M.G.L. ch. 209A. See [Doc. No. 1-3 at ¶¶ 89–96]. However, as explained above, the

Defendant Officers did not initiate Plaintiff’s Section 12 admission. Additionally, Plaintiff admits

that her husband, not the Defendant Officers, applied for the 209A restraining order. [Doc. No. 1-

3 at ¶ 93] (“By the Defendants initiating said [Section 12] process a third party, [husband], was

able to utilize this to obtain an emergency restraining order against Plaintiff through the Woburn

District Court and deprive her of her infant son who was placed in his care.”). Plaintiff’s abuse of

process claim (Count Three) therefore must fail because she cannot show that the Defendant

Officers used either of the legal processes she identified.

4. Negligence (Count Five) And Negligent Infliction of Emotional

Distress (Count Six)

Count Four asserts a claim for negligence on the basis that the Defendant Officers

“breached the duty of reasonable care owed to Plaintiff when they negligently, carelessly, and

recklessly falsely and unlawfully detained Plaintiff . . . [and] falsely imprisoned Plaintiff and

subsequent abuse [sic] of process.” [Id. at ¶¶ 105–09]. Count Six asserts a claim for negligent

infliction of emotional distress based upon the same alleged breach of duty. See [id. at ¶¶ 118–24].

Because the Defendant Officers did not detain or imprison Plaintiff or abuse process, as previously

explained, Count Four and Count Six both fail.

In her opposition, Plaintiff raises several new theories of negligence: that the Defendant

Officers incompetently or maliciously obstructed Plaintiff’s filing of a 209A restraining order and

failed to investigate claims of physical assault. [Doc. No. 58 at 9]. A party cannot allege new

theories of liability in an opposition to summary judgment. See Estrada v. Progressive Direct Ins.

Co., 53 F.Supp.3d 484, 497 (D. Mass. 2014) (“Plaintiffs cannot now introduce an entirely new

theory of liability in their summary judgment papers.”).

5. Intentional Infliction of Emotional Distress (Count Eight)

Count Eight raises a claim for intentional infliction of emotional distress. See [Doc. No. 1-

3 at ¶¶ 125–30]. To succeed on a claim for intentional infliction of emotional distress, “a plaintiff

must show ‘(1) that the defendant intended to cause, or should have known that his conduct would

case, emotional distress; (2) that the defendant’s conduct was extreme and outrageous; (3) that the

defendant’s conduct caused the plaintiff’s distress; and (4) that the plaintiff suffered severe

distress. To be considered extreme and outrageous, the defendant’s conduct must be beyond all

bounds of decency and . . . utterly intolerable in a civilized community.’” Hellenga v. Controlled

Risk Inc. Co. of Vermont, Inc., 85 Mass. App. Ct. 1111, 2014 WL 1302078, at *1 (2014) (citation

omitted). “Conduct qualifies as extreme and outrageous only if it ‘go[es] beyond all possible

bounds of decency, and [is] regarded as atrocious, and utterly intolerable in a civilized

community.” Polay v. McMahon, 468 Mass. 379, 386 (2014) (citation omitted).

As articulated in the complaint, Plaintiff’s claim for intentional infliction of emotional

distress merely alleges the elements of the claim without any recitation of facts in support of the

claim. See [Doc. No. 1-3 at ¶¶ 125–30]. Defendants argue for dismissal of the claim on the basis

that Plaintiffs’ interactions with the Defendant Officers were “cordial” and “cooperative” and that

“Plaintiff fails to show any instances of conduct that meet the threshold of extreme and

outrageous.” [Doc. No. 49 at 13–14]. In her opposition, Plaintiff alleges without citation to

evidence that the Defendant Officers “repeatedly and falsely denied under oath actions clearly

evidenced in medical and DCF records showing their intent to inappropriately separate a first-time

nursing mother from her newborn baby indefinitely and against her will.” [Doc. No. 58 at 9].

Plaintiff’s response fails for multiple reasons. First, as explained above, hospital staff (and,

under the same logic, DCF workers) independently determined that Plaintiff might have been

suffering mental health issues, and the Defendant Officers therefore are not responsible for

committing Plaintiff. Relatedly, DCF’s decision to take the child was based on the physician’s

concerns for Plaintiff’s mental health and not on the Defendant Officer’s concerns. See [Doc. No.

48-13 at 6] (“We informed mother that this decision was not based on her parenting skills and only

because there are concerns from the hospital about her mental health, we all agreed that she is a

wonderful mother and will receive the help she needs before returning to her son.”). Second,

Plaintiff fails to cite any evidence to support her argument, a necessary requirement at the summary

judgment stage. See Anderson, 477 U.S. at 248 (quoting Fed. R. Civ. P. 56) (“[A] party opposing

a properly supported motion for summary judgment ‘may not rest upon the mere allegations or

denials of his pleading, but . . . must set forth specific facts showing that there is a genuine issue

for trial.’”). Third, even accepting Plaintiffs’ allegations as true, Plaintiff cannot show that the

Defendant Officers’ conduct rises to the level of extreme or outrageous. Consequently, Plaintiff’s

claim for intentional infliction of emotional distress (Count Eight) is dismissed.

6. Loss of Consortium (Count Nine)

Plaintiff raises a claim under M.G.L. ch. 231, § 85X for the loss of consortium of her son.

See [Doc. No. 1 at ¶¶ 131–34; Doc. No. 58 at 6]. Section 85X provides parents with “a cause of

action for the loss of consortium of the child who has been seriously injured against any person

who is legally responsible for causing such injury.” M.G.L. ch. 231, § 85X.

Defendants argue that this claim fails on the merits because Plaintiff has not provided any

evidence whatsoever that her son sustained a serious injury, a required element of her loss of

consortium claim. See [Doc. No. 49 at 14–15] (noting Plaintiff’s “fail[ure] to supply any medical

records, school records, or other psychotherapy records” indicating an injury to her child). I agree.

Plaintiff generically states in her complaint that the Defendant Officers “caused injury to

Plaintiff’s infant son,” but she does not identify what those injuries might have been or explain

how her son’s injuries result in a loss of his society. See [Doc. No. 1-3 at ¶ 133]. Plaintiff then

alleges in her opposition that her hospitalization and the Defendant Officers’ “request[] that DCF

take her newborn baby away from her” deprived her child of his “main source of sustenance at the

time,” but she does not explain why alternative sources of sustenance (such as formula) were

insufficient or how this alleged deprivation caused the child serious harm. See [Doc. No. 58 at 9].

Such unsupported allegations are insufficient to create a dispute of material fact. See Anderson,

477 U.S. at 248 (quoting Fed. R. Civ. P. 56) (“[A] party opposing a properly supported motion for

summary judgment ‘may not rest upon the mere allegations or denials of his pleading, but . . . must

set forth specific facts showing that there is a genuine issue for trial.’”). And, in fact, the record

suggests that Plaintiff did breastfeed during at least a portion of her stay at MWH. See [Doc. No.

48-17 at 2] (Emergency Room Report Dated 06/14/2020: “[M]om was very cooperative and

comfortably nursing her baby in her arms… [M]om is currently nurturing and breast-feeding her

baby safely.”).

In addition, as explained above, the hospital rather than the Defendant Officers are

responsible for Plaintiff’s involuntary commitment and DCF’s decision to remove Plaintiff’s child

from her was based on the hospital’s determination and not the Defendant Officers’ concerns

regarding Plaintiff’s mental state. As a result, Plaintiff’s claim for loss of consortium (Count Nine)

is dismissed.

7. Massachusetts Civil Rights Violations (Count Ten)

Count Ten asserts a claim for violation of the Massachusetts Civil Rights Act (“MCRA”)

on the basis of racial discrimination. See [Doc. No. 1-3 at ¶¶ 135–40] (“Defendants… failed to

provide bias free professional policing and Equal Protection under the Law… [and] intimidated,

threatened, and/or coerced Plaintiff based on her race and ethnic background….”).

To establish a claim under the MCRA, a plaintiff must prove that “(1) their exercise or

enjoyment of rights secured by the Constitution or law of either the United States or of the

Commonwealth, (2) have been interfered with, or attempted to be interfered with, and (3) that the

interference or attempted interference was by ‘threats, intimidation, or coercion.’” Reproductive

Rights Network v. President of Univ. of Mass., 45 Mass. App. Ct. 495, 505 (1998) (quoting Swanset

Dev. Corp. v. Taunton, 423 Mass. 390, 395 (1996)). Defendants argue that the claim should be

dismissed because, among other reasons, Plaintiff cannot show that she was threatened,

intimidated, or coerced within the meaning of the MCRA. [Doc. No. 49 at 15–17].

A threat under the MCRA requires “the intentional exertion of pressure to make another

fearful or apprehensive of injury or harm.” Reprod. Rights Network, 45 Mass. App. Ct. at 505.

Similarly, intimidation requires “putting in fear for the purpose of compelling or deterring

conduct.” Id. Plaintiff does not specifically allege how the Defendant Officers might have caused

her to become fearful, and the record does not support such a claim. See [Doc. No. 49 at 16]

(describing interaction between Plaintiff and Defendant Officers as “cordial”); see generally [Doc.

Nos. 1-3, 58]. Plaintiff’s suspicions and fears regarding her husband existed before Plaintiff met

the Defendant Officers and were the reason she originally sought help. Therefore, it cannot be said

that the Defendant Officers caused those fears, let alone that they did so intentionally or for the

purpose of compelling certain conduct.

It also cannot be said that Plaintiff was coerced into going to the hospital. Coercion under

the MCRA requires “the application to another of such force, either physical or moral, as to

constrain him to do against his will something he would not otherwise have done.” Reprod. Rights

Network, 45 Mass.App.Ct. at 505. Here, the Defendant Officers recommended that Plaintiff’s son

get examined by a medical professional, and Plaintiff agreed that was in his best interest and

brought him to the hospital. See [Doc. No. 48-8 at 13–15] (“Q. And did you understand that they

were concerned about the wellbeing of the baby? A. Yes. That was a shared concern, I suppose.

Q. Shared by you and by the police officers? A. Correct… Q. What did you do next when they

said you should take the baby to the hospital; did you agree? A. Yes.”). Even if Plaintiff was, in

fact, “tricked” as she alleges, there is still no evidence that she was forced to bring her son to the

hospital for a wellness check against her will. As discussed above, there was no use of force and,

by all accounts, she consistently sought to protect her child in the ways she thought best, e.g., by

limiting and supervising her husband’s visits with their child and requesting legal help, and there

is no evidence she would have been unwilling to get her son examined absent police intervention.

To the extent Plaintiff alleges that she was involuntarily hospitalized as a result of her race,

the argument fails because, as previously explained, the Defendant Officers are not responsible for

Plaintiff’s involuntary hospitalization and because there is no evidence, only conclusory

statements, of racial discrimination. See [Doc. No. 1-3 at 136] (stating Defendants “unlawfully

caus[ed] the detainment… thereby depriving Plaintiff of her … liberty and to be free form [sic]

unreasonable searches and seizures”).

Because Plaintiff cannot show that her rights were interfered with through “threats,

intimidation, or coercion,” her claim alleging a violation of the MCRA (Count Ten) fails.

8. Interference With Parent-Child Relationship (Count Eleven)

Plaintiff’s claim for intentional interference with the parent-child relationship alleges the

Defendant Officers tricked her into bringing her son to the hospital with the intention of having

DCF remove him from her care. [Doc. No. 1-3 at ¶¶ 141–47] (“When Defendants induced Plaintiff

to present to the emergency department with her infant son, they intended to have the Department

of Children and Families remove him from her care.”). Defendants argue that this claim should be

dismissed because there is no evidence the Defendant Officers intended to separate Plaintiff from

her child and because they “played no other role in Plaintiff’s child being removed from her

custody.” See [Doc. No. 49 at 17–18].

The tort of intentional interference with the parent-child relationship is intended to grant

redress for a loss of filial consortium that results from “abduction, enticement, and harboring and

secreting of minor children from their parents.” Murphy v. I.S.K. Con. Of New England, Inc., 409

Mass. 842, 860 (1991). To succeed on a claim for abduction, a plaintiff must show “the physical

taking of a minor child from the parent having legal custody.” Id. (citation omitted). “An action

for enticement will lie where one, through an ‘active and wrongful effort’ and knowing that the

parent does not consent, induced a child to leave the parent’s home.” Id. (citation omitted). “One

‘harbors’ a minor child by inducing or encouraging a child, who is away from the parent without

the parent’s consent, to remain away from the parent.” Id. (citation omitted).

Defendants admit that the Defendant Officers informed DCF of their concerns over

Plaintiff’s mental state and encouraged her to go to the hospital to get her son evaluated, and they

also admit that these incidents “ultimately led to Plaintiff being temporarily separated from her

child.” [Doc. No. 49 at 17–18]. But Plaintiff cannot show that the Defendant Officers abducted,

enticed, or concealed Plaintiff’s infant son. It is undisputed that Plaintiff was still in physical

custody of her son when the Defendant Officers left the hospital, and, as explained above, the

hospital staff and DCF workers independently determined that Plaintiff was experiencing mental

health issues. See [Doc. No. 50 at ¶¶ 40–44]. Therefore, Plaintiff cannot establish that the

Defendant Officers removed her son through a physical taking or inducement. Accordingly,

Plaintiff’s claim for intentional interference with the parent-child relationship (Count Eleven) fails.

9. Qualified Immunity

I need not address Defendants’ argument that the claims against the Defendant Officers are

barred by the doctrine of qualified immunity because Plaintiff’s claims have been properly

dismissed on the merits.

B. Claims Against The Town

Plaintiff alleges two claims against the Town: negligence (Count Four) and negligent

infliction of emotional distress (Count Six). [Doc. No. 1-3 at ¶¶ 97–104, 110–17]. Summary

judgment of both claims is warranted.

1. Negligence (Count Four)

Count Four raises a claim for negligence. [Id. at ¶¶ 97–104]. Defendants argue that the

claim should be dismissed because it is barred by numerous provisions within M.G.L. ch. 258, §

10. See [Doc. No. 49 at 10–11] (arguing that Count Four is barred by subsections 10(b), 10(h), and

10(j)). In her opposition, Plaintiff does not dispute this argument and instead argues that the

doctrine of comparative negligence does not preclude liability. See [Doc. No. 58 at 9].

Plaintiff’s claim is barred because it falls within the discretionary acts exemption to the

Massachusetts Tort Claims provided in M.G.L. ch. 258, § 10(b). Subsection 10(b) exempts from

liability “any claim based upon the exercise or performance or the failure to exercise or perform a

discretionary function or duty on the party of a public employer or public employee, acting within

the scope of his office or employment, whether or not the discretion involved is abused.” M.G.L.

ch. 258, § 10(b). Plaintiff alleges that the Town breached its duty of reasonable care when it “failed

to handle, address, and/or otherwise properly investigate Plaintiff’s complaints regarding [her

husband].” [Doc. No. 1-3 at ¶ 99]. Courts have long held that “[d]ecisions regarding when, when,

how, and whom to investigate… are discretionary and fall within the discretionary functions

exception.” [Doc. No. 49 at 11] (quoting Sena v. Commonwealth, 417 Mass. 250, 257 (1994)).

Thus, any claims based on the manner in which the Defendant Officers investigated Plaintiff’s

allegations against her husband are barred by subsection 10(b).

2. Negligent Infliction Of Emotional Distress (Count Six)

Defendants move for summary judgment of Count Six based on a misunderstanding that

the cause of action alleges intentional infliction of emotional distress. See [Doc. No. 49 at 13]

(“The Plaintiff’s Claim of Intentional Infliction of Emotional Distress (Count VI) Against the

Town Fails as a Matter of Law”). Defendants’ argument that municipalities are not liable for the

intentional torts of their employees is therefore irrelevant because the cause of action is for

negligent, not intentional, infliction of emotional distress. [Doc. No. 1-3 at ¶¶ 110–17].

Nevertheless, because Count Six is based on the same alleged breach of duty as Count Four, it is

denied for the same reasons that Count Four is denied. See [id. at ¶ 112] (“Defendant Stoneham

breached its duty of reasonable care to the Plaintiff when it… failed to handle, address, and/or

otherwise properly investigate Plaintiff’s complaints regarding [her husband].”).

V. CONCLUSION

For the aforementioned reasons, Defendants’ motion for summary judgment, [Doc. No.

48], is GRANTED.

SO ORDERED.

/s/ Myong J. Joun

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.