Walden III, Inc. v. State of Rhode Island

Decision Date22 December 1977
Docket NumberCiv. A. No. 74-27.
Citation442 F. Supp. 1168
CourtU.S. District Court — District of Rhode Island
PartiesWALDEN III, INC., Mark Dorfman and Lisa Dorfman v. STATE OF RHODE ISLAND, George W. Gange as Treasurer of the Town of South Kingstown, William Robinson, Col. Walter Stone, Herbert F. Desimone, Clinton E. Salisbury, Captain H. Ronald Hawksley and Lt. John H. Angell.

George M. Prescott, and Irving Espo, Lincoln, R. I., for plaintiff.

Allen P. Rubine, Asst. Atty. Gen., Providence, R. I. and Archibald B. Kenyon, Jr., Wakefield, R. I., for defendants.

OPINION

FRANCIS J. BOYLE, District Judge.

This is an action in which Plaintiffs contend in their Complaint various violations of their civil rights. Defendants have filed Motions for Summary Judgment. For the purpose of this Opinion, it is assumed that the facts alleged in the Complaint are true.

This action is brought by Walden III, Inc., Mark Dorfman and Lisa Dorfman as Plaintiffs. Plaintiff Walden III, Inc. is a Rhode Island non-business corporation alleged to be formed for the purpose of operating a residence and school for severely emotionally and behaviorally disordered children between the ages of 12 and 19, and located in the Town of South Kingstown.

Plaintiff Mark Dorfman is President of Walden III, Inc., a member of the Board of Trustees, formerly director of Walden III school, and, in his individual capacity, is one of two (2) joint owners of the real estate where Walden III school is located, and, is the sole owner of the personal property used in the operation of the school.

Plaintiff Lisa (Bryan) Dorfman is an assistant to Plaintiff Mark Dorfman in the operation of the school.

The Complaint arises from an entry by police upon the premises of Walden III school, the seizure by police of certain records, the removal of the students from the Walden III school by police, and the subsequent arrest of Plaintiffs Mark Dorfman and Lisa Dorfman, all of which events were alleged to have occurred on December 24, 1970.1

Named Defendants are the State of Rhode Island; the Town of South Kingstown by its Treasurer George W. Gange; William Robinson, then Commissioner of Education of the State of Rhode Island; Walter Stone, then Superintendent of the Rhode Island State Police; Herbert F. DeSimone, then Attorney General, State of Rhode Island; Clinton E. Salisbury, then Chief of Police of the Town of South Kingstown; H. Ronald Hawksley, then a Captain of Police of the Town of South Kingstown; and, Lt. John H. Angell, then an officer of the Rhode Island State Police. All Defendants have moved for summary judgment.

Jurisdiction of this action is alleged to be based on protection of a variety of constitutional rights under the provisions of 42 U.S.C. § 1983 and § 1985, and conferred upon this Court by the provisions of 28 U.S.C. §§ 1331, 1332 and 1343. Additionally, Plaintiffs contend there is pendant jurisdiction of certain "non-federal claims".

The Complaint containing nine (9) counts was filed February 15, 1974, more than three (3) years after the date alleged in the Complaint, and, apparently more than four (4) years after the actual occurrence.

Count I alleges, in substance, that on or about December 24, 1970, Walden III was under the direction of Plaintiff Mark Dorfman as a residential school for children with "antisocial behavior problems", who were being treated with "Behavior Modification techniques" (Complaint, Paragraph 1); that the "North" actually South Kingstown Police and the Rhode Island State Police, without a warrant, entered the premises of Walden III "in the absence of Plaintiff . . .", seized business and confidential case records and other property of "plaintiff" and caused the children under "his care" to be removed and "dispersed" or taken into "custody"; that Plaintiffs Mark Dorfman and Lisa (Bryan) Dorfman were arrested or caused to be arrested by Defendants and/or their agents "and charged in the Rhode Island District Court with use of a child for wanton, cruel and improper purposes . . ." in violation of R.I.Gen. Laws § 11-9-5; that the charges were ultimately dismissed, that Plaintiff Mark Dorfman was "caused to be indicted for assault with a dangerous weapon upon a Walden III pupil" and he was found not guilty in Rhode Island Superior Court. (Complaint, Paragraph 2).

Count I further alleges that all actions were taken "maliciously and for the purpose of harassing Plaintiffs and rendering Walden III inoperable", (Complaint, Paragraph 3), and constituted a violation by all Defendants under color of "local law" of Plaintiffs' civil rights, (Complaint, Paragraph 4), and, that all Defendants acted in concert with the "intent to prevent plaintiff from operating said school, there being no lawful basis for such actions." (Complaint, Paragraph 5).

Count I further alleges that said school was "rendered inoperable", its contracts with students breached, mortgages on the real estate foreclosed, Plaintiff Mark Dorfman being unable to meet mortgage payments, and "a large deficiency was lodged against them" (Plaintiff Mark Dorfman and his former wife who is not a party), and that Plaintiff Mark Dorfman was for a time deprived of his livelihood, forced to liquidate personal property used by the school "at a great loss and is still indebted for large claims arising out of the operation of the school", and, as a direct result of the criminal actions taken against him was unable to obtain professional employment "appropriate to his level of training and experience . . ." and suffered humiliation in a position he did obtain. (Complaint, Paragraph 6). The Count concludes with a prayer that "Plaintiffs" demand compensatory and punitive damages as follows:

                   "Mark Dorfman             $300,000
                    Lisa (Bryan) Dorfman       50,000."
                

Count II realleges Paragraphs 1 through 4 of Count I, and, further alleges, in substance, that the police investigation was conducted in an unlawful and oppressive manner in that severely emotionally unstable children were intimidated, promised favors, and given assurances resulting in a due process violation "in respect to such children, and in respect to Plaintiffs as custodians of same and as suspects before the law." This Count realleges Paragraph 6 of Count I of the Complaint, and reiterates the prayer for damages contained in Count I.

Count III realleges Paragraphs I through 4 of Count I of the Complaint, and, further alleges, in substance, that such actions constituted an unwarranted and illegal interference with Plaintiff Mark Dorfman's profession and professional relationships and that such actions were done maliciously and with the intent and purpose of harassing him and closing said school. The Count realleges Paragraph 6 of Count I of the Complaint and demands on behalf of Plaintiff Mark Dorfman compensatory and punitive damages in the amount of three hundred thousand dollars ($300,000.).

Count IV realleges Paragraphs 1 through 4 of Count I of the Complaint, and, further alleges that Defendants "wrongfully broke his close and unlawfully removed therefrom the Students of the school and his personal property". This Count realleges Paragraph 6 of Count I and demands compensatory and punitive damages in favor of Plaintiff Mark Dorfman in the amount of three hundred thousand dollars ($300,000.).

Count V realleges Paragraphs 1 through 4 of Count I of the Complaint, and, further alleges that Defendants restrained the personal liberty of Plaintiffs Mark Dorfman and Lisa (Bryan) Dorfman against their will, without lawful cause. This Count realleges Paragraph 6 of Count I and demands compensatory and punitive damages for Plaintiff Mark Dorfman in the amount of three hundred thousand dollars ($300,000.) and for Plaintiff Lisa (Bryan) Dorfman in the amount of fifty thousand dollars ($50,000.).

Count VI realleges Paragraphs 1 through 4 of Count I of the Complaint, and, further alleges that Defendants arrested or caused to be arrested and held in custody, or caused to be held in custody Plaintiffs Mark Dorfman and Lisa (Bryan) Dorfman without legal cause. This Count realleges Paragraph 6 of Count I of the Complaint and demands the same damages for the said Plaintiffs as sought in Counts I, II and V.

Count VII realleges Paragraphs 1 through 4 of Count I of the Complaint, and, further alleges that Defendants and/or their agents maliciously arrested Plaintiffs, or caused them to be arrested without probable cause. Paragraph 6 of Count I of the Complaint is realleged and Plaintiffs demand the same damages as sought in Counts I, II, V and VI.

Count VIII realleges Paragraphs 1 through 4 of Count I of the Complaint, and, further alleges that Defendants maliciously arrested, or caused to be arrested Plaintiffs, under color of legal process, for purposes other than prosecution of criminal charges. This Count realleges Paragraph 6 of Count I of the Complaint and demands the same damages for Plaintiffs as sought in Counts I, II, V, VI and VII.

Count IX realleges Paragraphs 1 through 4 of Count I of the Complaint, and, further alleges that Plaintiffs were continually moved around by Defendants while in custody, were not advised of their rights and were denied access to counsel. This Count realleges Paragraph 6 of Count I of the Complaint and demands...

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9 cases
  • Schiavulli v. Aubin
    • United States
    • U.S. District Court — District of Rhode Island
    • December 17, 1980
    ...any opinion I note that the action against Mr. Maguire may be barred by the statute of limitations. See Walden III Inc. v. State of Rhode Island, 442 F.Supp. 1168 (D.R.I.1977) aff'd 576 F.2d 945 (1st Cir. In light of the above, I dismiss, with prejudice, plaintiff's claims against the membe......
  • TEAMSTERS L. 251, HEALTH S. & INS. F. v. LOCAL 251
    • United States
    • U.S. District Court — District of Rhode Island
    • June 27, 1988
    ...the Court determines the most analogous state cause of action and adopts its statute of limitation. See Walden III, Inc. v. Rhode Island, 442 F.Supp. 1168, 1171 (D.R.I.1977), aff'd, 576 F.2d 945 (1st Rhode Island law does not provide a cause of action directly parallel to the federal right ......
  • Pearman v. Walker, Civ. A. No. 80-550.
    • United States
    • U.S. District Court — District of Rhode Island
    • April 14, 1981
    ...of Appeals for the First Circuit have held that the three-year period set out in § 9-1-14 governs. In Walden, III, Inc. v. State of Rhode Island, 442 F.Supp. 1168 (D.R.I.1977), aff'd, 576 F.2d 945 (1st Cir. 1978), plaintiffs brought a § 1983 action alleging violations of their civil rights ......
  • Church v. McBurney, 85-86-A
    • United States
    • Rhode Island Supreme Court
    • July 31, 1986
    ...as an "injury to the person." Cf. Partin v. St. Johnsbury Co., 447 F.Supp. 1297, 1301 (D.R.I.1978); Walden III, Inc. v. State of Rhode Island, 442 F.Supp. 1168, 1172-73 (D.R.I.1977) (violations of 42 U.S.C.A. §§ 1981 and 1983, respectively, constitute injury to the person, plaintiff's right......
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