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Josephine Amatucci v. Chase

United States District Court, D. New Hampshire

November 17, 2017

Josephine Amatucci
v.
Stuart Chase et al.[1]

          Josephine Amatucci, pro se.

          REPORT AND RECOMMENDATION

          Andrea K. Johnstone United States Magistrate Judge.

         Before the court for preliminary review is Josephine Amatucci's complaint (Doc. No. 1) and complaint addenda (Doc. Nos. 6, 8, 12, 14-17, 19, 20, 23), asserting violations of her rights under the federal constitution and state law. See 28 U.S.C. § 1915(e)(2); LR 4.3(d)(2). Also before the court for consideration, and a recommendation as to disposition, are the following motions filed by plaintiff

• Motion for Summary Judgment (Doc. No. 2);
• Motion for "Her Right Under Part 1, Article 14 of the Constitution" (Doc. No. 13);
• Motion for Relief from Judgment Under Rule 60 (Doc. No. 21); and
• Motion for Hearing to Redress Grievances (Doc. No. 22).

         Preliminary Review

         I. Standard

         In determining whether a pro se pleading states a claim, the court construes the pleading liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). Disregarding any legal conclusions, the court considers whether the factual content in the pleading and inferences reasonably drawn therefrom, taken as true, state a claim to relief. Hernandez-Cuevas v. Taylor, 723 F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)) .

         II. Background

         This case arises out of Mrs. Amatucci's interactions with defendants, members of the Wolfeboro Police Department ("WPD") and employees of the Town of Wolfeboro ("Town"), on and after May 7, 2014. On that day, Mrs. Amatucci alleges that she went to the WPD to speak with then WPD Chief Stuart Chase to lodge a complaint about a WPD officer concerning a traffic violation. Mrs. Amatucci alleges that Chase would not accept her complaint, and instead, physically assaulted her by pushing her out of the building and told her that he would "get her" and arrest her if she ever complained about any of his officers again.

         Mrs. Amatucci went to the Town Hall to complain to the Board of Selectmen about Chase's behavior and threats. Once there, Mrs. Amatucci interacted with several Town employees, including Rob Houseman. As a result of that interaction, the Town employees, according to Mrs. Amatucci, falsely accused her of causing a disturbance in the Town Hall, and Houseman caused the WPD to be called in an effort to have Mrs. Amatucci arrested. Mrs. Amatucci claims that Houseman's actions in having the police called were part of a conspiracy to have her arrested, to silence her, and to retaliate against her for her past complaints against Chase and other WPD officers.

         Before the police arrived at the Town Hall, Mrs. Amatucci stated that she was going to the Carroll County Sheriff's Department ("CCSD"). Mrs. Amatucci then left the Town Hall, intending to proceed to the CCSD to complain about Chase's conduct, and to seek protection, as she feared that Chase would make good on his alleged threats to "get her" and arrest her. WPD Officer James O'Brien arrived at the Town Hall after Mrs. Amatucci left. O'Brien or another member of the WPD called the CCSD to ask for help in pursuing Mrs. Amatucci. O'Brien and Chase also set out in pursuit of Mrs. Amatucci.

         In the meantime, WPD Officer Shane Emerson saw Mrs. Amatucci's car and activated his blue lights and siren in an effort to pull Mrs. Amatucci over. Emerson later stated that Mrs. Amatucci had been driving over the posted speed limit when he first saw her car on that day, and that he began to pursue her to pull her over for speeding. It also appears that, at the time, information had been communicated via police radio indicating that the ...


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