Jeffrey L. Clemens v. Michael J. O'Hara

Petitioner Jeffrey L. Clemens, a writer and activist, and former screenwriter, having found himself a longtime defendant in a state prosecution in the Commonwealth of Massachusetts, and having twice been vindicated of a charge of disorderly conduct initiated on May 12, 2005, filed claims of malicious prosecution on June 11, 2018 for said charge, one for which final disposition did not occur until June 16,

1. However, given the vagaries of a court injunction proffered by Respondent O’Hara’s defense counsel, plaintiff’s claims remained stalled - under submission — until October 2020, at which time the district court, by self-styled order, pared the multi-party multi-claim case down to one defendant, Michael O’Hara, and one single claim. Upon timely service, the defendant filed a Rule 12 motion to dismiss, which was granted. The plaintiff took an appeal to the First Circuit but was denied relief. The questions presented in this case are as follows:

2. Whether the appellate court erred when it upheld, by and through an extremely terse and abbreviated judgment, the granting, by the district court, of a motion for dismissal on the pleadings wherein a socalled Heck bar was asserted although the subject prosecution had seen [a] a verdict set aside, [b] extensive allegations relating to the proffering and disguising of false testimony, and [c] a reintroduction of the subject charge of disorderly conduct and eventual final dismissal not by trial verdict but by motion.

3. Whether the appellate erred by ignoring or otherwise avoiding any meaningful Iqbal plausibility analysis by the district court, albeit hugely flawed,