United States District Court, D. New Hampshire
Josephine Amatucci, pro se.
REPORT AND RECOMMENDATION
K. Johnstone United States Magistrate Judge.
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.
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)) .
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.
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
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.
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 ...