Merisier v. Ellender

MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Dein, United States Magistrate Judge

I. INTRODUCTION

This case involves an incident which took place during the early morning of October 26, 2013, when the Mansfield Police saw the plaintiff, Frantzy Merisier, in his car outside of his apartment building in Mansfield, Massachusetts. It is undisputed that the police escorted Mr. Merisier to his apartment and entered the apartment, where a disturbance ensued. The police contend that Mr. Merisier was intoxicated, which he denies.

Frantzy and his wife, Clernide Merisier,…