MCINTYRE v. U.S.

No. CIV.A. 01-10408 RCL.

254 F.Supp.2d 183 (2003)

Emily McINTYRE, and Christopher McIntyre, as co-administrators of the Estate of John L. McIntyre Plaintiffs, v. The UNITED STATES of America, H. Paul Rico, John M. Morris, John J. Connolly, Roderick Kennedy, Robert Fitzpatrick, James Ring, James Greenleaf, James Ahearn, Kevin J. Weeks, James J. Bulger, Stephen J. Flemmi, and John Does, Number 1-50, Defendants.

United States District Court, D. Massachusetts.

March 31, 2003.


Attorney(s) appearing for the Case

Steven M. Gordon, William E. Christie, Shaheen & Gordon, P.A., Concord, Jeffrey A. Denner, Denner Sayeg, LLP, Boston, George L. Garfinkle, Brookline, for Emily McIntyre, as Administrator of the Estate of John L. McIntyre, Christopher McIntyre, in his capacity as Co-Administrator of the Estate of John L. McIntyre, Plaintiffs.

Peter Schlossman, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, John Morris, [Pro se], Niceville, FL, Edward J. Lonergan, Boston, E.P. Mullane, Mullane, Michel & McInnes, Cambridge, Stephen C. Pfaff, Douglas I. Louison, Merrick, Louison & Costello, Boston, Thomas C. Tretter, Healey, Deshaies & Gagliardi, PC, Amesbury, James W. Simpson, Jr., Merrick, Louison & Costello, Boston, A. Douglas Matthews, Fall River, Alan D. Rose, Jr., Rose & Associates, Boston, Roach & Carpenter, P.C., Boston, Brian P Fitzsimmons, Hanley, Hassett & Fitzsimmons, LLC, Milton, K.W., Watsontown, PA, Stephen J. Flemmi, [Pro se], MCI Cedar Junction Corrections Facility, Walpole, for USA, H. Paul Rico, John Morris, John J. Connolly, Roderick Kennedy, Robert Fitzpatrick, James Ring, James Ahearn, Kevin J. Weeks, Stephen J. Flemmi, Defendants.


MEMORANDUM AND ORDER ON UNITED STATES' MOTION TO DISMISS

LINDSAY, District Judge.

I. Introduction

This is a suit filed by the Estate (the "Estate") of John L. McIntyre ("John McIntyre" or "McIntyre"), of which McIntyre's mother, Emily McIntyre, and his brother, Christopher McIntyre, are co-administrators (the "plaintiffs"). The defendants are the United States of America ("United States"); several individuals, who at the times relevant to...

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