United States District Court, D. New Hampshire
Maurice A. Belmore, Jr.
Nashua Police Department, Ryan McDermott, Steven Berry, Dennis Pereira, Jason Reinold, and Daniel Mederos 
REPORT AND RECOMMENDATION
Johnstone United States Magistrate Judge.
the court is the complaint (Doc. No. 1), filed by pro se
plaintiff Maurice A. Belmore, Jr., while he was an inmate at
the Hillsborough County Department of Corrections. The
complaint caption names the Nashua Police Department
("NPD") as a defendant, and the complaint narrative
names individual defendants. The matter is here for
preliminary review under LR 4.3(d)(1) and 28 U.S.C. §
court may dismiss claims asserted in an inmate's
complaint, if the court lacks subject matter jurisdiction, a
defendant is immune from the relief sought, the complaint
fails to state a claim, or the action is frivolous or
malicious. See 28 U.S.C. § l9l5A(b). In determining
whether a pro se complaint states a claim, the court must
construe the complaint liberally. See Erickson v.
Pardus, 551 U.S. 89, 94 (2007) (per curiam). To survive
preliminary review, the complaint must contain
"sufficient factual matter, accepted as true, to state a
claim to relief.'" See Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (citation omitted). The court treats
as true all well-pleaded factual allegations, and construes
reasonable inferences in plaintiff's favor. See
Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1, 12 (1st
alleges that on July 12, 2014, at 1:30 a.m., he was walking
across East Hollis Street in Nashua, New Hampshire, when an
NPD police cruiser struck him and did not stop, injuring his
knee. Belmore alleges that NPD Officers Steven Berry, Dennis
Pereira, Jason Reinold, and Sgt. Daniel Mederos appeared on
the scene and interviewed witnesses. No. accident report was
alleges that, when NPD Officer Ryan McDermott arrived,
McDermott pushed Belmore from a sitting position to the
ground, pinning him there with his knee against Belmore's
throat, and threatening an arrest if Belmore continued to say
he had been hit by a car. Belmore alleges that McDermott
waved off EMTs in the area. Belmore alleges McDermott then
told Belmore to get up or he would be maced, and threatened
Belmore again with an arrest to make Belmore stop saying he
had been hit by a car. Belmore alleges McDermott then
handcuffed him, folding Belmore's thumb backwards and
twisting his arm while doing so. Belmore alleges McDermott
and/or NPD Officers Berry, Pereira, and Reinold punched and
delivered knee strikes to Belmore's torso, and then
carried him facedown by his wrists and ankles, towards a
cruiser. Belmore alleges that Sgt. Mederos, their supervisor,
watched without stopping the assault.
alleges that after his arrival at the NPD station on July 12,
2014, NPD officers assaulted him in an incident that was
recorded on a surveillance video. Belmore received treatment
for a sprained left knee and bruised ribs after these
14, 2014, Belmore pleaded not guilty to five misdemeanor
charges: disorderly conduct, resisting arrest, criminal
trespass, and two charges of simple assault. The case was
prosecuted by a police prosecutor in the New Hampshire
Circuit Court, 9th Circuit, District Division, Nashua
("Nashua District Court"). Belmore, who was
represented by appointed counsel in those proceedings,
pleaded not guilty and was released on personal recognizance.
After a trial, the Nashua District Court found Belmore not
guilty of resisting arrest and guilty of the remaining
charges, and sentenced him to sixty days on each charge.
spent several months in jail serving the Nashua District
Court sentence before the matter was transferred to
Hillsborough County Superior Court, Southern District. On
October 29, 2015, a jury found Belmore guilty of criminal
trespass and not guilty of the remaining charges. The
Superior Court sentenced Belmore to sixty days on that
conviction and granted him credit for sixty days time served.
The New Hampshire Supreme Court ("NHSC") affirmed
Belmore's conviction. See State v. Belmore, No.
2015-0751, 2016 N.H. LEXIS 262, 2016 WL 7451408 (N.H. Nov.
14, 2016) .
seeks damages and an order setting aside his criminal
trespass conviction, based upon the following claims,
asserted under 42 U.S.C. § 1983 and state tort law:
Officers Ryan McDermott, Steven Berry, Dennis Pereira, and/or
Jason Reinold violated Belmore's Fourth Amendment rights
by using unreasonable and excessive force July 12, 2014, in
a. McDermott pinned Belmore to the ground with his knee
against Belmore's throat;
b. McDermott bent back Belmore's thumb and twisted his
arm while handcuffing him;
c. McDermott, Berry, Pereira, and/or Reinold punched Belmore
and delivered knee strikes to his torso; and
d. McDermott, Berry, Pereira, and/or Reinold carried Belmore
facedown by his wrists and ankles to an NPD cruiser.
Officer Ryan McDermott retaliated against Belmore for
exercising his First Amendment rights, by arresting him on
July 12, 2014, for saying he had been struck by a car.
Sgt. Daniel Mederos, a supervisory officer, and NPD Officers
Berry, Pereira, and/or Reinold violated Belmore's Fourth
Amendment rights, in that those officers witnessed but failed
to intervene to stop the other NPD officers from using
unreasonable and excessive force in arresting, handcuffing,
and assaulting Belmore on July 12, 2014.
Unnamed NPD officers used unreasonable and excessive force in
an assault occurring at the NPD station ...