United States District Court, D. New Hampshire
McCafferty United States District Judge
Robinson Plasencia and Indramira Plasencia, proceeding pro se,
bring this suit against Nashua police officers Michael Lang
and Ryan McDermott, alleging violations of their civil
rights. Currently before the court is defendants’
motion for summary judgment (doc. no. 13).
movant is entitled to summary judgment where he “shows
that there is no genuine dispute as to any material fact and
[that he] is entitled to judgment as a matter of law.”
Fed.R.Civ.P. 56(a). In reviewing the record, the court
construes all facts and reasonable inferences in the light
most favorable to the nonmovant. Kelley v. Corr. Med.
Servs., Inc., 707 F.3d 108, 115 (1st Cir. 2013).
has not responded to defendants’ motion for summary
judgment. Under Local Rule 56.1(b), where the nonmoving party
does not oppose a summary judgment motion, “[a]ll
properly supported material facts set forth in the moving
party’s factual statement may be deemed
admitted.” See also De Jesus v. LTT Card
Servs., Inc., 474 F.3d 16, 20 (1st Cir. 2007). Summary
judgment does not, however, “automatically
follow” from the non-moving party’s failure to
respond. Stonkus v. City of Brockton Sch. Dep’t, 322
F.3d 97, 101 (1st Cir. 2003). The court still must determine
whether the moving party’s submission meets the summary
judgment standard. See Fed.R.Civ.P. 56(e).
complaint contains generalized allegations concerning the
behavior of officers in the Nashua Police Department. These
allegations include the following:
• “I was search[ed] by the Nashua Police over a
simple traffic infraction and grabbed by my arm, ” doc.
no. 1-1 at ¶ 3;
• “The Nashua Police came in my home on June 1,
2012 without a warrant and lie[d] under oath,
” Id. at ¶ 4; and
• The Nashua Police “violat[ed] my rights by
taking my moped out of my property without no [sic] rights,
” Id. at ¶ 5.
addition, Plasencia alleges that Officer Lang and another
officer pulled him over on April 2, 2015, had him get out of
his car, and then searched him. Plasencia also alleges that
an officer grabbed his arm during this traffic stop. He
further alleges that he made a complaint to the Nashua Police
Department about the April 2 incident, but that the
department concluded that the officers’ actions were
justifiable. Plasencia disagrees with that conclusion.
also alleges that on April 11, 2015, he was pulled over again
by a Nashua police officer, who, according to Plasencia,