USCA1 Opinion

November 13, 1995

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________

No. 95-1382

ALEX A. TARABOLSKI,

Plaintiff, Appellant,

v.

THE TOWN OF SHARON, ET AL.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Rya W. Zobel, U.S. District Judge]

___________________

____________________

Before

Selya, Cyr and Boudin,

Circuit Judges.
______________

____________________

Alex A. Tarabolski on brief pro se.

__________________
Steven R. Kruczynski
_____________________
Town

of

Sharon, Roni

and Pamela Storm on

_____________

Thaler, Henry

D.

brief

Katz, Norman

for appelle

Katz, Timo

Earley, David Martin and James Polito.

Susan E. Bernstein and
___________________
appellees, Donald Williams,
and Joseph Bernstein.

Morrison, Mahoney & Miller

___________________________
Frederick J. Jones,

on brief

Jr., Bernard

Cof

____________________

____________________

Per Curiam.
___________

Alex

A.

Tarabolski

filed

pro
___

se
__

complaint alleging

that on

January 18, 1991,

Sharon police

officer Donald Williams broke into his home and forced him to

enter a hospital for

his

federal

Williams,

psychiatric examination in violation of

civil rights

Tarabolski sued

and state

various

law.

other

members of

the Sharon Police Department,

the Sharon

Fire

Department, the

Sharon, and the Town of Sharon.

with prejudice

the claims

refused

to

the court's

judgment

was

entered

See Fed.
___

in

various members of

the Town

against the selectmen,

officials

statement.

present

of

The district court dismissed

fire department

definite

addition to

past and

selectmen of

and the

comply with

In

R.

favor of

the Town,

after Tarabolski

order

Civ. P.

the

to file

12(e).

police

flatly

a more

Summary

department

defendants on the remaining federal and state law claims. See

___

Fed. R. Civ. P. 56(c).

This appeal followed.

Having reviewed the complaint, we are persuaded that the

district

court

Tarabolski

allegations

department

to

file

officials

of merit

abuse

against the

Tarabolski's

lack

did not

more

were

definite

vague

statement.

and

Town, and

conclusory.

to elucidate,

claims, we

acted within its discretion

these defendants.

discretion in

selectmen, the

unwillingness

to his

its

and

think the

ordering

The

the fire

Given

the apparent

district court

in dismissing the claims against

Cf. Kuehl v. FDIC, 8 F.3d 905, 908-09 (1st

___ _____
____

-2-

Cir.

1993)

(affirming

plaintiff's failure

dismissal

to comply

with prejudice

with Fed. R.

based

Civ. P.

on

8(a)),

cert. denied, 114 S. Ct. 1545 (1994).

____________

We review de novo the grant of summary judgment in favor

__ ____

of the

police department defendants and

affirm the judgment

essentially for the reasons stated by the district court.

We

add

in

that

the

same

facts

which

justified

Williams

concluding that Tarabolski required protective

also

justify

reasonable

emergency warrantless

Arizona,
_______

437 U.S.

exception to

37

officer in

custody would

believing

entry was appropriate.

385, 392-93 (1978)

that

an

See Mincey v.
___ ______

(discussing emergency

warrant requirement); Sheik-Abdi

__________

v. McClellan,
_________

F.3d 1240, 1244 (7th Cir. 1994) (same), cert. denied, 115
____________

S. Ct.

court

937 (1995).

did not

Under

err in

qualified immunity.

the circumstances,

ruling that

Williams is

the district

entitled to

See Hegarty v. Somerset County, 53 F.3d

___ _______
_______________

1367, 1372-79 (1st Cir. 1995) (qualified immunity affords law

enforcement officials

safe

haven

conduct is objectively reasonable).

where

the

challenged

We have carefully considered Tarabolski's

objections to

various interim rulings of the district court and reject them

as without merit.

We note, in particular, that

absolute constitutional

case,

see
___

1991), and we

right to

DesRosiers v. Moran,
__________
_____

find no

a free

-3-

lawyer in

949 F.2d 15,

abuse of discretion

there is no

a civil

23 (1st Cir.

in the

district

court's denial of

counsel.

seeks

Tarabolski's requests for

court-appointed

Finally, we add that to the extent that Tarabolski

relief

allegations

from

of

judgment

fraud,

such

addressed to the district court.

Affirmed.
_________

No costs.

under

Rule

request

60(b)

is

based

on

appropriately

-4-