James D. Sullivan v. Edward J. Choquette, Jonathan G. Wells Iii, Harvey Beit and T. Francis Kelleher

This is an action for malicious prosecution, abuse of process and for relief from a judgment of eviction of the New-buryport District Court of Massachusetts. 1 Our jurisdiction is invoked under the civil rights provisions, 28 U.S.C. § 1343 (1964) and 42 U.S.C. §§ 1983, 1985 (1964), and the diversity statute, 28 U.S.C. § 1332 (1964). Plaintiff appeals from the dismissal of his complaint by the district court, for, inter alia, failure to state a claim upon which relief can be granted. The essential facts are set out in the district court’s opinion in Sullivan I, swpra, note 1.

It is plain that…