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Plasencia v. Lang

United States District Court, D. New Hampshire

August 22, 2016

Robinson Plasencia and Indramira Plasencia
v.
Michael K. Lang, et al. Opinion No. 2016 DNH 146

          ORDER

          Landya McCafferty United States District Judge

         Plaintiffs Robinson Plasencia and Indramira Plasencia, [1]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).

         Standard of Review

         A 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).

         Plasencia 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).

         Discussion

         I. Plasencia’s Complaint

         Plasencia’s 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, ”[2] 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.

         In 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.

         Plasencia also alleges that on April 11, 2015, he was pulled over again by a Nashua police officer, who, according to Plasencia, ...


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