A statie who has been sued in federal court docket for alleged pace ticket “selective enforcement” is pushing again as he tries to get the lawsuit tossed.
Woburn man Mikhael El-Bayeh, who beforehand sued Mass State Police Trooper Michael Sierra in state court docket, lately introduced his effort to U.S. District Court docket.
The motive force is arguing that Sierra gave him a rushing ticket whereas the trooper allegedly appeared the opposite approach for public security workers, who have been reportedly driving a lot sooner.
El-Bayeh is accusing the statie and Mass State Police of “selective enforcement” with regards to rushing tickets, which he says would violate the 14th Modification’s Equal Safety Clause.
“In their enforcement of the traffic laws against El-Bayeh, Defendants MSP and/or Sierra have selectively treated El-Bayeh unfavorably by charging him with a speeding offense, and thereby claiming an assessment and collateral penalties against him while other similarly situated individuals were only given warnings,” the lawsuit reads.
The go well with goes again to August of 2021 when Sierra stopped El-Bayeh on Route 3 in Burlington. El-Bayeh was driving 72 mph in a 55 mph zone.
Sierra charged El-Bayeh with a rushing offense, which carried a high quality of $175.
Then in March of 2022, Sierra stopped a correction officer on Route 3 in Bedford. The officer was carrying a Middlesex Sheriff’s Workplace patch on his jacket on the time. In response to physique cam footage, Sierra informed the driving force that he had been driving 95 mph in a 55 mph zone. The trooper ended up giving the correction officer solely a written warning.
Later that yr, Sierra stopped a Lincoln firefighter on Route 2 in Littleton. The firefighter was carrying a hat with “LFD” for Lincoln Fireplace Division. Sierra informed the driving force that he had been driving 86 mph in a 55 mph zone, in line with the physique cam footage. The firefighter solely bought a written warning.
“Defendants MSP and/or Sierra’s adverse treatment of El-Bayeh and favorable treatment of other similarly situated individuals was based on an arbitrary classification — affiliation with a governmental entity,” the lawsuit reads.
El-Bayeh is alleging that Sierra’s resolution to provide warnings to these two public security employees was “irregular.” He additionally contends that it will “not have been unusual” to problem him a warning as a substitute of a ticket.
Now, Sierra — who took house greater than $134,000 final yr, in line with the state payroll database — is asking for the federal district choose to toss the case.
Sierra in his “motion to dismiss” notes that that is the second civil rights motion that El-Bayeh has filed towards Sierra based mostly on the rushing ticket.
El-Bayeh beforehand sued the trooper in Middlesex Superior Court docket. That lawsuit was dismissed, which was upheld by the Appeals Court docket.
“… This Court lacks subject matter jurisdiction over such claims based on sovereign immunity,” Sierra’s movement to dismiss reads. “Second, Mr. El-Bayeh’s federal motion is barred below the doctrine of res judicata (he can’t convey the identical claims towards Sierra after they have been beforehand dismissed).
“Additionally, Mr. El-Bayeh’s complaint should be dismissed based on a missed statute of limitations as his filing in this Court comes some six months and twenty-three days after the statute of limitations expired, and Tpr. Sierra is entitled to immunity for his actions taken in issuing Mr. El-Bayeh a citation for speeding,” the movement to dismiss continues.
Sierra additionally famous the 2 written warnings that El-Bayeh introduced up in his go well with.
“Mr. El-Bayeh seeks to turn Tpr. Sierra’s discretionary acts into a violation of a constitutional nature. His attempt fails because he does not assert that Tpr. Sierra intentionally discriminated against him based on his membership in a protected class,” the movement to dismiss reads. “Since Mr. El-Bayeh does not allege any facts to claim membership in a protected class, nor does he allege being treated differently than similarly situated drivers due to ill-will or illegitimate animus, his Equal Protection Clause claim fails.”
El-Bayeh can be suing Middlesex DA Marian Ryan and Registrar of Motor Autos Colleen Ogilvie.
Ryan, Ogilvie, and Mass State Police have additionally filed a movement to dismiss with assist from the Legal professional Normal’s Workplace. They’re claiming that the federal court docket doesn’t have jurisdiction.
“El-Bayeh’s complaint must be dismissed for multiple reasons,” their movement to dismiss reads. “First, under the doctrine of sovereign immunity this Court lacks jurisdiction to hear Plaintiff’s claims against the Commonwealth Defendants; second, Plaintiff’s claims are barred by res judicata (claim and issue preclusion); third, Plaintiff’s claims are barred by the applicable statute of limitations; and finally, Plaintiff fails to state a plausible claim upon which relief may be granted against the Commonwealth Defendants.”
