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BALL v. CARROLL

Civil Action No. 95-40235-NMG.

932 F.Supp. 388 (1996)

Jonathan BALL, Plaintiff, v. Roger CARROLL, Defendant.

United States District Court, D. Massachusetts.

August 8, 1996.

Attorney(s) appearing for the Case

John A. Bosk, Jr., Fitchburg, MA, for Jonathan Ball.

Joseph P. Kittredge, Brian J. Rogal, Law Offices of Timothy M. Burke, Needham, MA, for Roger Carroll.

Edward M. Pikula, Cohen, Rosenthal P.C., Springfield, MA, for Charles F. Henderson.

MEMORANDUM AND ORDER

GORTON, District Judge.

On December 29, 1995, plaintiff, Jonathan Ball ("Ball") filed this action against State Trooper Roger Carroll ("Carroll"). Pending before this Court is defendant's motion, filed pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss plaintiff's complaint. For the following reasons, the motion will be allowed.

I. FACTUAL BACKGROUND

When considering a motion to dismiss, this Court accepts as true the allegations...

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