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Amatucci v. O'Brien

United States District Court, D. New Hampshire

October 19, 2016

Josephine Amatucci
v.
James O'Brien et al.[1]

          Josephine Amatucci, pro se

          Garry R. Lane, Esq.

          Mark H. Puffer, Esq.

          REPORT AND RECOMMENDATION

          Andrea K. Johnstone United States Magistrate Judge.

         Plaintiff, Josephine Amatucci, has filed this civil rights action against the Town of Wolfeboro (“Town”) and current and former employees of the Town and the Wolfeboro Police Department (“WPD”). Before the court are documents Amatucci filed after August 5, 2016, which the court construes as proposed addenda to the complaint (Doc. Nos. 56, 57, 60-62, 64-75, 78, 81, 82, 84-86, 89, 90, 93-98). The court subjects those proposed addenda to preliminary review under LR 4.3(d)(2) and 28 U.S.C. § 1915(e)(2).

         Also before the court are the following motions, filed by Amatucci after August 5, 2016:

• Plaintiff's “Motion to Amend” (Doc. No. 66); and Plaintiff's Response (Doc. No. 85);
• Plaintiff's “Petition/Motion for New Trial” (Doc. No. 68);
• Plaintiff's “Motion to Add Another Claim” (Doc. No. 69); and Plaintiff's “Cause of Action for Pain and Suffering Claim” (Doc. No. 86);
• Plaintiff's “Petition/Motion for New Trial” (Doc. No. 71);
• Plaintiff's “Petition for Injunctive Relief/Hearing Requested” (Doc. No. 82); and
• Plaintiff's “Motion to Address the Trial Court Case Based on the No-Trespass Order” (Doc. No. 84).

         In addition to considering the factual and legal assertions in those motions as proposed complaint addenda, the court makes recommendations as to the disposition of the motions.[2]

         Discussion

         I. Preliminary Review[3]

         A. Claims Previously Dismissed from this Case

         1. Unlawful Arrest, Imprisonment, and Prosecution (Doc. Nos. 65, 67, 70, 73, 74, 78, 81, 89, 95, 96, and 98)

         The court has dismissed Amatucci's claims asserting that her May 7, 2014, arrest and imprisonment, and her ensuing prosecution, were unlawful. See Doc. No. 63 (Aug. 19, 2016, Order). To the extent Amatucci's filings, docketed as Document Nos. 65, 67, 70, 73, 74, 78, 81, 89, 95, 96, and 98, seek to renew those claims, those claims should be dismissed from this action.

         2. Claims Concerning the Failure to Investigate Police Misconduct (Doc Nos. 60 and 61)

         The court has dismissed Amatucci's claims asserting that the Town has violated her rights by engaging in a de facto policy of refusing to investigate her police misconduct complaints. See Doc. No. 63 (Aug. 19, 2016, Order). To the extent Amatucci's filings, docketed as Document Nos. 60 and 61, seek to renew those claims, those claims should be dismissed from this action.

         3. Intentional Infliction of Emotional Distress Claims (Doc. Nos. 62, 64, 90)

         The court has previously dismissed Amatucci's claims that defendants in this action are liable to her for the state law tort of the intentional infliction of emotional distress. See Doc. No. 63 (Aug. 19, 2016, Order). Amatucci now argues that the court failed to properly characterize the defendants' alleged behavior as sufficiently abhorrent to warrant liability. Amatucci has not asserted new facts to support that assertion. To the extent Amatucci's filings, docketed as Document Nos. 62 and 64, and 90, seek to renew those claims, those claims should be dismissed from this action.

         4. Defamation - Town Hall (Doc. No. 90)

         The court has previously dismissed Amatucci's claim that Town Manager Dave Owen defamed Amatucci by yelling at her in the Town Hall. See Doc. No. 63 (Aug. 19, 2016, Order). Amatucci now seeks to reassert that claim, but has not alleged sufficient additional facts to support such a claim. To the extent Amatucci seeks in her complaint addendum docketed as Document No. 90, to renew her defamation claim alleging ...


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