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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ____________________________________ GARY M. JONES and STEVEN S. HOWITT, Plaintiffs, v. VITO SCOTTI, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 08-10583-LTS

ORDER AND MEMORANDUM ON DEFENDANT MACKIEWICZ'S MOTION FOR JUDGMENT ON THE PLEADINGS.

April 26, 2010 SOROKIN, M.J. The Plaintiffs, Gary M. Jones and Steven S. Howitt (at all relevant times, a police officer and Selectman, respectively, of the Town of Seekonk, Massachusetts), allege misconduct by the Defendants arising from an investigation of them by the Seekonk Police Department. Docket # 1. Defendant Wayne L. Mackiewicz moves pursuant to Fed. R. Civ. P. 12(c) for Judgment on the Pleadings. Docket # 34. His motion is ALLOWED. Factual Background The Plaintiffs allege generally that on or about March 28, 2005, Howitt became involved in a confrontation with a private investigator and that he subsequently asked Jones (a Captain with the Seekonk Police Department) to collect and share with him information concerning that 1

investigator which could be obtained by entering his license plate number in Department computer databases. Docket # 1 at

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