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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CARLA BOUVIER, Plaintiff, v. COMMONWEALTH OF MASSACHUSETTS, ET AL., Defendants. ) ) ) ) ) ) ) )

C.A. No. 09-10865-PBS

MEMORANDUM AND ORDER July 20, 2009 SARIS, D.J. I. INTRODUCTION A. The Instant Action

On May 20, 2009, plaintiff Carla Bouvier ("Bouvier"), a resident of Sagamore, Massachusetts, filed a civil rights Complaint against a number of defendants, including: (1) the Commonwealth of Massachusetts; (2) Jim McGarrigle; (3) Perry Lee Tavares; (4) Sandi Martin; (5) Douglas Johnson; (6) Nancy Johnson; (7) Robert L. Perry; (8) Peter B. Morin; and (9) Tom Florence. The Complaint, which Bouvier has entitled: "The Snow

Ball Effect: Welfare Slavery and Housing Prostitution[,] Slavery, Slave Trading, Prostitution, Rape, Theft and Robbery," consists of six pages set forth in narrative form, and contains hyperbolic, nonsensical, and/or delusional statements. coherent or organized. It is not

Bouvier asserts that for the past ten

years she and her two children have been the victims of slavery, slave trading, sabotage, prostitution, conspiracy with intent to kill or murder, theft and robbery. Compl. at 1. She also

asserts that the defendants acted with malice, coercive misconduct and abuse of power. Id. From what can be gleaned,

her specific allegations against the defendants are summarized as follows: 1. The Commonwealth of Massachusetts

Although the Commonwealth is a named defendant in this case, Bouvier has not asserted any claims directly against the Commonwealth. 2. Jim McGarrigle

Bouvier claims that Jim McGarrigle ("McGarrigle") held her captive and caused her economic and emotional abuse for several years. Compl. at 5. She also claims that McGarrigle made Bouvier

derogatory comments and threatened her and her children.

believes that McGarrigle is the person that has caused all of her problems, alleging that: "Jim McGarrigle like Manson probably didn't pull the actual trigger, but he helped to instigate, threaten, intimidate and initiate this whole ordeal." 3. Perry Lee "Tiny" Tavares Id. at 6.

Bouvier claims that Perry Lee "Tiny" Tavares ("Tavares") used "some type of political influence and used his influence to monopolize" her life. Id. at 2. She asserts that Tavares made

suggestive comments to her and asked about having a relationship with her. Bouvier rejected Tavares's proposition and contends

that because she did not pursue a relationship with him he

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retaliated against her by blocking her from obtaining a housing subsidy, and by stalking her. Id. She claims this left her and She

her two children homeless and "forced into welfare slavery." alleges that this "is an act of unconstitutional laws Slave Trading." 4. Id. Sandi Martin

Bouvier asserts that Sandi Martin abused her power as an employee at the Department of Transitional Assistance ("DTA") and discriminated against Bouvier. Id. at 1. She does not elaborate

as to the underlying facts supporting this allegation. 5. Douglas Johnson

Bouvier claims that she felt forced to pursue a relationship with Douglas Johnson ("Johnson") in order to secure housing for her and her two children. Id. She claims that Johnson had

experience in social services and had a working relationship with the DTA. Id. Bouvier felt that if she had a relationship with Id.

Johnson that she would be able to secure housing. 6. Robert Perry

Bouvier alleges she had a relationship with Robert Perry, but when she refused his offer of marriage, he became vindictive and made derogatory comments to her. Bouvier alleges that she

started experiencing "more than overwhelming issues of sabotage" meaning that someone or some entity was trying to discredit her. Id. at 2-3.

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7.

Nancy Johnson Id. at 1.

Nancy Johnson is the ex-wife of Douglas Johnson. Bouvier claims that once Nancy Johnson discovered the

relationship Douglas Johnson was having with her, she used her influence to make it difficult for Bouvier to secure housing. Id. Bouvier also asserts that Nancy Johnson caused her to be

unable to secure legal counsel because of her position with the [Board of] Bar of Overseers Hearing for the Judiciary Committee, alleging that legal counsel "has been steered to not represent her in fear of their practices or jobs." Id. She also claims

that Nancy Johnson has caused her unfair trials in the Plymouth Court or any court. 8. Peter B. Morin

Bouvier claims that she and former state representative Peter Morin ("Morin") were introduced to each other by defendant Tom Florence. Id. at 4. Bouvier and Morin developed an intimate

relationship; however, after some time Bouvier decided to end the relationship in order to provide for her children. She asserts

that after she ended the relationship with Morin, he "condemned" her music managers' efforts, and caused her to lose her music contract and career, out of jealousy. Id. at 4-5. Bouvier

asserts that Morin and Tom Florence sabotaged her music career and her business efforts "through ways of political corruption and misconduct." Id. at 5.

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9.

Tom Florence

Finally, Bouvier asserts that Tom Florence ("Florence") almost caused her death. Id. at 3. She claims that he

threatened her doctors and influenced her to take prescription medications that caused her to be admitted to the Emergency Room, and that this almost killed her. Id. She claims that someone

used "political misconduct to try and kill her with prescription drugs." Id. She also claims that Florence routinely took her to

night clubs and introduced her to his male friends, attempting to engage her in a form of prostitution.1 Id. at 3-4.

On June 26, 2009, Bouvier filed an Addendum to her Complaint (Docket No. 4) in which she requests the Court admit additional evidence. She proposes a character witness, Frederick C. Fusaro,

whom she claims "[ran] interference in her and her family's lives on or around August 2004. She states he was told that the "favor

asked was for someone in politics" but he declined to participate in the scheme. She asks the Court rule in favor of her

conspiracy claims. Accompanying her Complaint, Bouvier filed a Motion for Leave to Proceed in forma pauperis (Docket No. 2).

Bouvier states: "Year prior to the incident Tom Florence was delighted when I would engage into night club socials with his friends in which he would always introduce me to, for some peculiar reason. [sic] for which I was not interested. His actions seemed suggestive and indecent. It sounds like the defendant was trying to engage me in an indecent proposal or just blatant prostitution!" Id. 5

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B.

Prior Related Litigation

On May 15, 2007, Bouvier filed a two-page self-prepared Complaint with exhibits against numerous defendants, including the defendants named in the instant action, as well as others. See Bouvier v. Commonwealth of Massachusetts, et al., Civil Action No. 09-10909-NG. In the civil cover sheet accompanying

the Complaint, Bouvier alleged her claims to be "sabatoge, [sic] discrimination, and slander." Bouvier also complained about the

denial of her Section 8 housing application for the past eight years, claiming that the defendants were involved in a conspiracy to discredit her as a business woman and as a woman of color. On August 22, 2007, Magistrate Judge Joyce London Alexander issued a Report and Recommendation (Docket No. 5) recommending dismissal of the Complaint for failure to satisfy the filing fee requirements of this Court. On September 10, 2007, Judge Gertner

adopted the Report and Recommendation and dismissed the case. See Order of Dismissal (Docket No. 6). Judge Gertner noted that

the four corners of the Complaint revealed substantial pleading deficiencies, and failed to set forth cognizable federal claims sufficient to invoke the subject matter jurisdiction of the Court. II. Id. at 1, n.1.

DISCUSSION A. The Motion for Leave to Proceed In Forma Pauperis

Upon review of Bouvier's financial disclosures indicating

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that she has no assets or income apart from Social Security benefits and less than $400 in cash or savings, that she is facing eviction, and that she cares for a disabled child, the Court finds that she has demonstrated sufficiently that she lacks funds to pay the $350.00 filing fee for this action. Accordingly, Bouvier's Motion for Leave to Proceed in forma pauperis (Docket No. 2) is hereby ALLOWED. B. Screening of the Instant Complaint

Because Bouvier is proceeding in forma pauperis, her Complaint is subject to screening under 28 U.S.C.

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