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Lucy JONES & others vs. Ronald BOYKAN & others

Lucy JONES & others [FN1] vs. Ronald BOYKAN & others. [FN2]
No. 10-P-818.
December 9, 2010. - May 11, 2011.
Judgment, Default, Relief from judgment. Notice, Of judgment. Practice, Civil, Vacation of judgment. Rules of Civil
Procedure. Due Process of Law, Notice.

CIVIL ACTION commenced in the Superior Court Department on June 12, 2003.

A motion for judgment of default, filed on June 7, 2004, was heard by Peter A. Velis, J., and motions for
reconsideration were heard by him; a motion for summary judgment, filed on December 18, 2006, was heard by C.
Jeffrey Kinder, J.; and a motion to dismiss, filed on June 7, 2007, was heard by Mary-Lou Rup, J.

Garry Teixeira for the plaintiffs.

Kathleen E. Sheehan for the defendants.

Present: Lenk, Brown, & Mills, JJ. [FN3]

BROWN, J.

By a complaint filed in Superior Court, the plaintiffs claimed that a police officer, employed by the city of Springfield
(city), unlawfully invaded a restricted area of their family-owned convenience store, brutally beat them, made false
arrests, used excessive force, and filed a false report. One injured plaintiff was a female child. Two adult plaintiffs--
Nicole Jones and William Owens--were charged with disorderly conduct and assault and battery on an officer, the
latter of which (see G.L. c. 265,

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Massachusetts Law