McCABE v. CITY OF LYNN

Civ.A. No. 92-12179-NG.

875 F.Supp. 53 (1995)

Mary McCABE, as Administratrix of the Estate of Ruchla "Rose" Zinger, Plaintiff, v. The CITY OF LYNN, Sergeant Richard Donnelly, a Sergeant in the Lynn Police Department, Individually, Officer Gary Twyman, an officer in the Lynn Police Department, Officer William Alphen, an officer in the Lynn Police Department, Individually, Captain Csuka, a Captain in the Lynn Police Department, Individually, and in his Official Capacity, Yakov Barden, M.D., Tri-City Mental Health Hospital, John Doe, Superintendent, Tri-City Mental Health Hospital, David Rando, Edward Marticio, Life-Line Ambulance Service, Inc., and Kenneth Jackson, Defendants.

United States District Court, D. Massachusetts.

February 2, 1995.


Attorney(s) appearing for the Case

Anthony S. Porcello, Charles M. Campo, Jr., Kassler & Feuer, P.C., Boston, MA, for Mary McCabe, as Administratrix of the Estate of Ruchla "Rose" Zinger.

George S. Markopoulos, Lynn, MA, for City of Lynn.

Michael J. Akerson, Edward P. Reardon, Austin M. Joyce, Reardon & Reardon, Worcester, MA, George S. Markopoulos, Lynn, MA, for Richard Donnelly, Individually and as Sergeant in the Lynn Police Dept., Gary Twyman, Individually and as an officer in the Lynn Police Dept., William Alphen, Individually and as an officer of the Lynn Police Dept., Fnu Csuka, Individually and in his official capacity as Captain in the Lynn Police Dept.

Douglas A. Fecteau, Fecteau & Slingerland, Salem, MA, for Yakov Bardeu, M.D.

Linda Leffert, Gaffin & Krattenmaker, P.C., George C. Deptula, Boston, MA, for Tri-City Mental Health Hosp.

Bruce G. Von Rosenvinge, Paul F. Degnan, Edward L. Kirby, Kirby & Associates, Boston, MA, for David Rando, Edward Marticio, Life-Line Ambulance Service, Inc.

Ronald F. Spagnoli, Torto and Spagnoli, Lynn, MA, for Kenneth Jackson.


CORRECTED MEMORANDUM AND DECISION

GERTNER, District Judge.

I. INTRODUCTION

This case involves Rose Zinger who survived the Holocaust only to die at the hands of the Lynn Police. At issue is the policy of the Lynn Police to forcibly enter individuals' homes to serve involuntary commitment1 orders, without a warrant, and solely on the authority of the officers on the scene. I find that this...

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