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Fred Runyon v. Dennis Lee et al.*Fn1

April 9, 2013

FRED RUNYON
v.
DENNIS LEE ET AL.*FN1



The opinion of the court was delivered by: Landya McCafferty United States Magistrate Judge

ORDER

Before the court are four motions (doc. nos. 35, 41, 43, and 44), filed by plaintiff, Fred Runyon, seeking leave to add new allegations, claims, and requests for relief to this action.*fn2

Defendants' objection addresses the motions (doc. nos. 41, 43, and 44) that were filed after they appeared and answered the complaint. See Obj. (doc. no. 47).

Discussion

I. New Pendent Tort Claims

For reasons stated in the report and recommendation issued

this date ("R&R"), the court grants the motion to add pendent state law intentional tort claims of assault and battery (doc. no. 35) to this lawsuit. Those claims are asserted against the defendant officers and their employer, the Nashua Police Department ("NPD"), a municipal agency.

In summary, the following claims for relief are stated in the complaint and in the complaint addenda (doc. nos. 1, 7-9, 13, 15-22, 27, 29-31, 35-37, and 40-42)*fn3

Claim 1. One or more unnamed John Doe NPD officers violated Runyon's rights under the Fourth Amendment in November 2011, by using unreasonable force in arresting him, in that they shocked him with stun guns multiple times, while repeatedly kicking and striking him, rendering each of those officers individually liable to Runyon under

42 U.S.C. § 1983.

Claim 2. NPD Officers Peter Laroche, Dennis Lee, and other unnamed officers violated Runyon's rights under the Fourth Amendment by using unreasonable force while arresting and transporting Runyon to the NPD, in that, on February 24, 2012, after searching and handcuffing Runyon: (a) Lee and Laroche deliberately rammed Runyon's head into a wire cage as they put him into a police cruiser, injuring his head; and (b) Lee and other NPD officers repeatedly slammed Runyon against a door upon their arrival at the NPD, injuring Runyon's ribs, rendering each of those officers individually liable to Runyon under 42 U.S.C. § 1983. Claim 3. One or more unnamed John Doe NPD officers, and their employer, the NPD, are liable to Runyon under state law, for the intentional torts of assault and battery, for the officers' use of unreasonable force in arresting Runyon in November 2011, in that, knowing that their conduct was likely to injure Runyon, the officers shocked Runyon with stun guns multiple times while repeatedly kicking and striking him.

Claim 4. NPD Officers Peter Laroche, Dennis Lee, and other unnamed NPD officers, and their employer, the NPD, are liable to Runyon under state law, for the intentional torts of assault and battery, for the officers' use of unreasonable force in arresting and transporting Runyon to the NPD, in that, knowing that their actions would injure Runyon: (a) Lee and Laroche deliberately rammed Runyon's head into a wire cage as they put him into a police cruiser, injuring his head; and (b) Lee and other NPD officers repeatedly slammed Runyon against a door upon their arrival at the NPD, injuring Runyon's ribs.

II. New Allegations

For reasons stated in the R&R, the motion regarding "self- defense" (doc. no. 41) is construed as seeking leave to add new allegations to the complaint, relating to Runyon's November 2011 arrest. That motion (doc. no. 41) is granted. The following allegations are deemed asserted in this action, with respect to the November 2011 arrest: (a) the unnamed officers did not identify themselves as police officers; (b) Runyon did not know ...


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