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Brodeur v. State

United States District Court, D. New Hampshire

October 26, 2017

Christopher Brodeur
v.
State of Massachusetts; Governor Charlie Baker and his staff; Senator Jeanne Shaheen and her staff; Cara Wry; Mass. RMV; and Police Officers FNU Moffa and John Does 1 & 2

          Christopher Brodeur, pro se

          REPORT AND RECOMMENDATION

          Andrea K. Johnstone United States Magistrate Judge

         Pro se plaintiff, Christopher Brodeur, has filed a document that he labels as a "R.I.CO. Complaint" and as an "Emergency Pleading" (Doc. No. 1), which the court has docketed as a complaint. The complaint is here for review pursuant to 28 U.S.C. § 1915(e) (2), [1] Brodeur's request for preliminary injunctive relief, set forth in the complaint, was the subject of the October 6, 2017 Report and Recommendation ("October 6 R&R") (Doc. No. 4), that has been withdrawn by an Order issued this date. Brodeur's request for a preliminary injunction is also addressed in this Report and Recommendation ("R&R").

         Background

          The following is a summary of pertinent facts stated in the original complaint (Doc. No. 1), as clarified by Brodeur in his "Rebuttal" (Doc. No. 9). Brodeur asserts he was issued a speeding ticket in Massachusetts in the 1980s, which he promptly paid. See Doc. No. 1; Doc. No. 9, at 1. Brodeur further asserts that, around the same time he was issued the ticket he paid, he ran out of gas on Interstate 495. Doc. No. 1; Doc. No. 9, at 1. A state trooper took his driver's license, ran a check, and then arrested Brodeur for driving with a suspended license. See Doc. No. 9, at 1. A month later, in a hearing on the suspended license charge, the state produced Massachusetts Registry of Motor Vehicle ("RMV") records indicating that the RMV had made a clerical error, and that Brodeur had paid the underlying speeding ticket on time. See Id. Brodeur alleges that the Massachusetts court in that proceeding fined him "illegally, " and excessively, given how much it had cost Brodeur to get his car back after that "false" arrest. Id.

         Brodeur asserts that he was falsely arrested, without probable cause, more than once in Massachusetts in the late 1980s. In the 1990s, he alleges, he was arrested without probable cause, after a police officer in Massachusetts mailed an arrest warrant to him. See Doc. No. 1. At a hearing relating to that arrest warrant, a court in Massachusetts told Brodeur that the warrant was invalid, and released him. See Id. Brodeur has listed Officer Moffa and two John Doe officers as defendants, in connection with those Massachusetts arrests and/or traffic violations. See Doc. No. 1.

         Brodeur has not had a driver's license for a No. of years. See generally Doc. No. 1. Brodeur alleges that in 2015, when he went to the New Hampshire Division of Motor Vehicles to apply for a license, he was told he needed to pay fines and fees relating to four unpaid Massachusetts tickets, dating from 1989, before a New Hampshire license could be issued. See Id. Brodeur asserts that the four tickets are "bogus, " and that he was not previously aware that they existed. Doc. No. 1.

         Brodeur asserts that from 2015-2017 he made a No. of calls to government offices to obtain advice and assistance relating to those tickets. He was told by "everyone" he contacted at the Massachusetts RMV, at Massachusetts Governor Charlie Baker's office, and in the Massachusetts courts, that he could not contest the four 1989 tickets in question.

         Brodeur asserts that his phone calls to U.S. Senator Jeanne Shaheen's office in New Hampshire were similarly unavailing. A No. of staffers, including Cara Wry, repeatedly hung up on Brodeur. See Doc. No. 9, at 4. Wry falsely told Brodeur that it is not a federal issue when the federal rights of a New Hampshire resident are violated. See Doc. No. 1.

         Brodeur further asserts in conclusory terms that he was subjected to "false arrests" twice recently, and he asserts those arrests "couldn't have happened but for the illegal actions of the defendants." Doc. No. 9, at 3. He asserts he needs a driver's license to attend hearings in "other towns" to challenge those false arrests. See Id. at 5. In addition, he asserts that he recently received notice from the Massachusetts RMV that there are additional unpaid fines and fees pending against him in Massachusetts, and that his driver's license is subject to suspension in January 2018. See id.

         Brodeur claims that the police and courts in Massachusetts in the 1980s and 1990s engaged in tortious, criminal, and unconstitutional acts relating to false arrests, convictions, and errors in his records. He further alleges that government offices he contacted beginning in 2015 engaged in fraud and theft. Brodeur cites the Racketeer Influenced Corrupt Organizations Act ("RICO") and the False Claims Act, in asserting that taxpayers pay the salary of those government employees who did not do their jobs and hung up on his calls. Brodeur asserts that police officers and state courts in Massachusetts, and government employees in Massachusetts and in Senator Shaheen's office failed to help him and violated his rights. Brodeur characterizes defendants' conduct as tortious, criminal, unconstitutional, derelict, and lazy. Brodeur seeks damages, injunctive relief, and a writ of mandamus.

         Discussion

         I. ...


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