Fiske v. Town of North Attleboro

Burnes, Nonnie S., J.

On November 30, 2004, Plaintiff, Barry Fiske (“Fiske”), brought this action against the Town of North Attleboro (“Town”) and Police Chief Michael Gould, Detective John Reilly, Sergeant David Dawes, SergeantBrian Coyle, and Town Administrator Jay Moynihan (“the individual defendants”), seeking damages for injury arising from the defendants’ initiation of criminal proceedings against him. The defendants now move to dismiss under Mass.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and under G.L.c. 231, §59H, the Massachusetts anti-SLAPP statute and for summary…